RAJUBHAI GANPATBHAI RAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - accused has filed an application through jail seeking temporary bail wherein he has prayed to withdraw the criminal appeal. Looking to the facts of the case, this Court thought it fit to fix the main appeal for final hearing and, therefore, the matter is adjourned, today. Therefore, with the consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing.

(2.) The accused has preferred this appeal under Sec. 374 of the Criminal Procedure Code, 1973 against the judgment and order of conviction dtd. 9/6/2017 passed by the learned Additional Sessions Judge and Special Judge (Pocso), Mehsana (hereinafter be referred to as "the trial court") in Sessions Case No. 54 of 2016, whereby present appellant (accused) has been convicted for the offence punishable under Ss. 376, 377, 506(2) etc of the Indian Penal Code (hereinafter be referred to as "the IPC") and directed him to undergo sentence of seven years imprisonment for the offence under Sec. 376 of the IPC with fine of Rs.10,000.00 and in default of payment of fine, to undergo simple imprisonment for two years, ten years imprisonment for the offence under Sec. 377 of the IPC with fine of Rs.10,000.00 and in default of payment of fine, to undergo simple imprisonment for two years and one year imprisonment for the offence under Sec. 506(2) of the IPC with fine of Rs.500.00 and in default of payment of fine, to undergo simple imprisonment for four months.

(3.) The case of the prosecution briefly is that on 16/1/2016, victim lodged the FIR inter alia alleging that her husband died before twenty years and she is living with her son and she used to bring their food from the village. It is alleged that on 15/1/2016 at about 7.45 p.m., the victim had gone for bringing the food from the village and after taking food from the house of one Shantaben Gabhabhai, she went to go home at about 8.30 p.m. at that time one Senma Rajubhai Ganpatbhai (accused) came there and gagged her mouth and took her at the place of occurance where the victim tried to rescue herself but she could not save herself. It is alleged in the complaint that the accused removed the clothes of the victim and committed rape thrice against her will and threatened her that if she will inform anyone, he would kill her and he left the place of incident. It is alleged that the victim started shouting, thereupon, people of village gathered there and she informed about the incident. It is further alleged that one Shilpaben took the clothes for the victim and, thereafter, called 108 ambulance and the victim was referred to the Hospital. Thereafter, the police visited the place of the incident and on the basis of the complaint filed by the complainant, the First Information Report (FIR) being C.R.No.I- 13/2016 came to be registered for the offence punishable under Ss. 376, 377 and 506(2) of the IPC before the Langhanaj Police Station.