TOSIFKHAN @ TARIFKHAN USMANKHAN GASHURA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE proceedings arise out of a judgement dated 14.2.2012 rendered by the learned Additional Sessions Judge, Palanpur, in Special Atrocity Case No.63/2010. Dashrathbhai Khemabhai Chauhan and Tosifkhan @ Tarifkhan Usmankhan Gashura were charged with offences punishable under section 365 read with section 114 of the IPC and under section 506(2) read with section 114 of IPC. Accused no.1 was also charged with offence punishable under section 376 of the IPC.

(2.) BY the impugned judgement, accused no.1 was convicted for offence punishable under sections 376, 365, 506(2) of the IPC. He was for the offence under section 376 sentenced to rigorous imprisonment for seven years. For the remaining offences, lesser punishments were imposed. Substantive sentences were ordered to run concurrently. Accused no.2 was convicted for offence punishable under sections 365 and 506(2) of IPC. He was sentenced to imprisonment for one year and six months respectively. Such sentences were made concurrent.

(3.) BRIEFLY stated, the prosecution version was that one Ms. 'N' (hereinafter referred to as "the victim") lived with her family at village Madana, District Palanpur. On 7.9.2010, at about 5:30 in the evening, when she was going from her agricultural field to her house, the accused persons were standing on the road besides their jeep. Accused no.1 who was a distant relative of the victim, called her. Thinking that he had some work, she went to him. He covered her face with his hand and the two accused lifted her and put her in the vehicle. They thereafter, sped away taking her along with them. Accused no.2 dropped accused no.1 and the victim near Mount Abu bus stand. Accused no.1 thereafter, took her to Chandravati guest house and stayed there for a couple of nights. They also stayed in one Meera hotel. At these places, accused no.1 committed forcible intercourse with her.