ASHWINBHAI DEVJIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused, has challenged the judgement of the learned Additional Sessions Judge, Rajpipla, dated 31.3.2009 in Sessions Case No.22/2008. He was convicted for offences under sections 376 and 506(2) of the Indian Penal Code. For offence under section 376, he was sentenced to imprisonment for life and fine of Rs.50,000/ was imposed. For offence under section 506(2), he was sentenced to imprisonment for one year and fine of Rs.1000/ was imposed. From such fine, amount of Rs.35,000/ is ordered to be paid to the victim.

(2.) BRIEFLY stated, prosecution version was that the victim girl was below 12 years of age. She lived with her father at village Besana. For four months before 23.4.2008, the accused subjected the victim to forcible sexual intercourse on various occasions and at different places. He threatened her and also offered her money for such acts. Charge was thus framed at exh.8 alleging that he had in the process committed offences punishable under sections 376 and 506(2) of the IPC.

(3.) SUMITRA Pankajbhai,PW2,exh.13, elder sister of the victim deposed that at the Diwali time the victim had come to her house and told her that she is four months pregnant through accused Ashwin. Ashwin had taken her to the first floor of his house and then committed rape after threatening her. Next day, one Gambhir Gamiya of the village came with Rs.500/ for aborting the fetus. She did not take the money. Next day, she went to her father's house with her sister and informed the father about the incident.