SUDAMASING BACHHUSING VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present Criminal Appeal u/s.374 of the Code of Criminal Procedure, the appellant herein ­ convict has challenged the judgement and order dated 29/09/2007 passed by learned Additional Sessions Judge, 1 st Fast Track Court, Mahesana in Sessions Case No.54 of 2007, by which, the appellant has been convicted for the offence punishable under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.5,000/- and in default, to undergo further simple imprisonment for 6 months.

(2.) BRIEF facts, arise from the record of the case, are as under:

(3.) ON the other hand, Mr.K.P.Raval, learned Additional Public Prosecutor appearing on behalf of the respondent-State has submitted that the prosecutrix is hardly aged about 16 years and she is not in a position to narrate the incident of rape, which occurred on 17/03/2007, for which, the complaint was lodged by her. History was given by her to the medical officer was that she was raped by the appellant - accused on 17/03/2007. By making above submissions, it is requested that the present appeal is required to be dismissed.