DEVUBHAI JINABHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Appeal is preferred under Sec. 389 of the Code of Criminal Procedure, 1973, by the appellant-convict against the conviction recorded by the judgment and order dtd. 28/9/2007 passed by the Additional Sessions Judge, Dhrangadhra in Sessions Case No.22 of 2007. By the impugned judgment and order, the appellant has been convicted for the offence under Sec. -376 of the Indian Penal Code and sentenced to ten years of rigorous imprisonment and fine of Rs.5,000.00. He has also been convicted for offence under Sec. -506(2) of the Indian Penal Code and sentenced with rigorous imprisonment of one year and fine of Rs.1,000.00.

(2.) The prosecution was lodged on the basis of FIR being C.R. No.I126 of 2006 registered on 26/12/2006 by the informant-victim alleging that five days prior thereto in the midnight, accused-appellant had entered into the house of the informant in absence of her husband and while, her children were sleeping and forcibly committed rape on her.

(3.) Upon conclusion of the investigation on 19/2/2007, the chargesheet came to be filed for offence under Sec. -376 and 506(2) of the Indian Penal Code and the Sessions came to be committed after due compliance with requirement of Sec. -209 by the Court of Magistrate vide its order dtd. 16/3/2007 (Exh-8).