JAKIRHUSSAIN AHMEDMIYAN SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of a judgement dated 30.11.2011 rendered by the learned Additional Sessions Judge, Nadiad, in Special Case No.48/2010. Jakirhussain Ahmedmiyan Sheikh, original accused, was charged for offences punishable under section 376 of IPC and section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act ['the Atrocities Act' for short]. He was convicted for offence under section 376 but was acquitted of offence under the Atrocities Act. By the impugned judgement, he was sentenced to imprisonment for four years. He has challenged his conviction and sentence by filing Criminal Appeal No.25/2012. The State has filed Criminal Appeal No.92/2012 seeking enhancement of the sentence.

(2.) BROADLY stated, the prosecution version was that on 16.4.2010, in the evening hour the complainant along with her husband and minor daughter had gone to collect firewood in the sim of village Deroliya. Husband of the victim left the wife and daughter to fetch the water. Taking advantage of the loneliness of the victim at an isolated place, the accused caught her, made her fall on the ground and thereafter, committed forcible intercourse with her and thus committed offence under section 376 of the IPC. The victim girl belonged to Scheduled caste. Charge under section 3(1)(xi) of the Atrocities Act was also therefore, added.

(3.) THE victim, PW1, exh.10, deposed that she lived with her husband, three children and her inlaws. The accused lived nearby. On 16.4.2010, at about 4 O' clock in the afternoon, she had gone to the sim of village Deroliya along with her husband and daughter to get firewood. When she was collecting the firewood in a 'naliya' ( a dry seasonal water channel), her husband went to get water. At that time Jakir caught her, made her to fall down on the ground, lifted her petticoat and thereafter, committed rape on her. She started shouting. In the meantime, her husband arrived. A scuffle ensued between her husband and the accused, during which the accused got hit on the head with a dhariya. In a naked condition he ran away. A Bharward came there and took away his pant. She filed the complaint before the police which was produced at exh.11. She identified the accused before the Court.