THAKOR SURESHJI DAHYAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 05.03.2010 passed by the learned Addl. Sessions Judge and Presiding Officer, Fast Track Court No.3, Mehsana, Camp Visnagar in Sessions Case No.80/2009 whereby, the appellant, original accused, has been convicted for the offences punishable u/s.363, 366 and 376 of Indian Penal Code (for short, "the IPC") and has been sentenced to life imprisonment and fine of Rs.10000/- and in default, rigorous imprisonment for a further period of six months. The accused was also ordered to pay compensation of Rs.25000/- to the survivor u/s.357(3) of Cr.P.C.

(2.) The facts in brief are as under; Vishnubhai Karamsinhbhai Rabari, the complainant herein, is a resident of "Rabarivaas" situated in Panjarapole area of Unjha, District Mehsana. The complainant has four brothers and amongst them, Laljibhai Madhabhai, resides along with his family in his vicinity. Naynaben, one of the daughters of Laljibhai Madhabhai, who was married to one Rameshbhai Kamsibhai, had come to her parental house at Unjha along with her daughter, aged around four (04) years, for few days.

(3.) Mr. H.V. Darji learned counsel for the appellant submitted that the entire case is based upon circumstantial evidence and that prosecution has failed to establish the chain of circumstances pointing to the guilt of appellant. He submitted that the prosecution has not led any cogent evidence to prove the overt act of appellant. In the alternative, he submitted that a sympathetic view may be taken since the appellant was of a very young age at the time when the offence in question was committed.