THAKOR NARSANGJI ABLAJIV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order passed by the learned 2nd Joint Assistant Sessions Judge, Mehsana in Sessions Case No.34 of 1990 dated 19.04.1990 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"). For conviction u/s.363 and 366 IPC, the appellant was sentenced to undergo rigorous imprisonment for two years in each case whereas, for conviction u/s.376 IPC, the appellant has been sentenced to undergo rigorous imprisonment for four years. All the three sentences were ordered to run concurrently. The sentence already undergone by the appellant was given as setoff.

(2.) ANTECEDENT facts of this case, which require brief mention, are these; The appellant, original accused, was working as a driver of a Tractor belonging to one Dahyabhai Chaudhary, in which the prosecutrix was serving as a labourer. On 08.10.1989 the appellant met the prosecutrix and asked her to meet him on the next day at the outskirts of village at 1900 hrs. Accordingly, on 09.10.1989 at 1900 hrs., they met at the decided place and thereafter, the appellant lured the prosecutrix to accompany her at different places. During their stay at different places, the appellant entered into physical relationship with the prosecutrix. A complaint in connection with the above incident was lodged before Visnagar Police Station vide IC.R. No.383/1999. Necessary investigation was carried out and the appellant came to be arrested. At the end of investigation, chargesheet was filed against the appellant before the magisterial Court. However, since the case was sessions triable, it was committed to the Sessions Court for adjudication on merits.

(3.) THE prosecution had also collected and placed reliance upon several documentary evidence, more particularly, panchnama of scene of offence at Exhibit8, FSL Reports at Exhibit15 & 17, Serology Reports at Exhibit16 & 18, complaint at Exhibit20, Medical Certificate at Exhibit25 and 27 and copy of School Leave Certificate at Exhibit34.