STATE OF GUJARAT Vs. RAMBAHADUR BHAGWATI PRASAD VISWAKARMA

JUDGEMENT

(1.) THIS appeal is filed by the State seeking enhancement of sentence awarded by the learned Additional Sessions Judge, Ahmedabad (Rural) in his judgment dated 17.01.2011 to the present respondent -original accused. The respondent was charged with offence punishable under Section 376 of IPC of allegedly having raped a minor girl of six years. He was convicted for such offence and sentenced to rigorous imprisonment of 07 years. He was also awarded fine of Rs. 5,000/ -. The State, seeking enhancement of sentence, has, therefore, preferred this appeal. We have verified and we have been informed that the convict has not filed any appeal challenging his conviction and sentence. Despite such position, we have perused the evidence not only with the focus of State's appeal prayer for enhancement, but also in order to ascertain whether the conviction was rightly recorded. Section 386 of Criminal Procedure Code and, in particular, clause (c) thereof gives widest possible powers to the Appellate Court in enhancing appeal to reverse the finding and acquit the accused. Hence, this exercise.

(2.) CHARGE was framed at Exh. 2, in which it was alleged that on 17.10.2008, at around 8.30 at night, the accused took away minor daughter of the complainant aged 6 years promising her to give a chocolate. He, thereupon, took her to an open place near the field in a godown and raped the minor girl and thereby, committed offence punishable under Section 376 of IPC.

(3.) THE FIR was produced at Exh. 6, in which, the complainant had given a similar version.