GOVINDBHAI VELSHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeals arise out of the judgement and order of conviction dtd. 18/8/2011 passed by learned Additional Sessions Judge, Amreli in Special Atrocity Case No.33 of 2009 and 56 of 2009, convicting the appellants for the offences punishable under Ss. 323 , 392, 376(2)(g) and 114 of the Indian Penal Code, 1860 ( IPC ) and under Sec. 3(1)(11) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Atrocities Act).

(2.) The appellants have been sentenced for the offences punishable under Sec. 323 of the IPC to undergo simple imprisonment of six months and fine of Rs.1,000.00 and in default to undergo simple imprisonment of one month, for the offences punishable under Sec. 392 of the IPC to undergo rigorous imprisonment of five years and fine of Rs.5,000.00 and in default to undergo further simple imprisonment of six months, for the offences punishable under Sec. 376(2)(g) of the IPC to undergo rigorous imprisonment of life and fine of Rs.10,000.00 and in default to undergo further rigorous imprisonment of one year and for the offences punishable under Sec. 3(1)(11) of the Atrocities Act, rigorous imprisonment of five years and fine of Rs.5,000.00 and in default rigorous imprisonment of six months and it was ordered to run the sentence concurrently.

(3.) The prosecution emanate from the F.I.R., which was registered on 2/2/2009, which culminated into Charge being framed below Exh.10. The case of the prosecution, in nutshell is that on 2/2/2009 in the night at about 1:30 hours, PW-1 i.e. prosecutrix was raped by four accused by forcibly taking her in the open field for six times, after they tied her husband PW-2 on a cot. The accused also looted a Nokia mobile phone and a battery.