FARUK SAID LAMBAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of rule for the respondent-State.

(2.) The present appeal has been preferred by the appellant under Sec. 374 of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 30/6/2014 passed by Sessions Judge, Valsad in Sessions Case No.70 of 2009, whereby the appellant herein has been convicted for the offence punishable under Sec. 376(2)(g) read with Sec. 114 of the Indian Penal Code, 1860 (herein after referred to as the " IPC ") and is sentenced to undergo imprisonment for life and fine of Rs.10,000.00 and in default of payment of fine, further simple imprisonment of 3 (Three) months is imposed.

(3.) The facts and circumstances giving rise to the filing of present appeal are such that on 14/8/2004, it was the festival of Janmashtmi. On that day, the prosecutrix after offering her prayers at Ramji Temple was going for tuition on her Hero Honda Pleasure 2 wheeler bearing Registration No.GJ-15-TC-59. When she reached at the place of incident, two persons came from the opposite direction on the Pulsar Motorcycle. After traveling some distance in the direction opposite to the direction in which the prosecutrix was going, two persons, who were riding on Pulsar Motorcycle started following her and they came near the vehicle of the prosecutrix and one of the accused kicked the vehicle on which the prosecutrix was riding. Due to the said kick, the prosecutrix fell down on the road. From there, she was dragged by these two persons to the bushes. They forcibly removed her clothes and one by one committed a rape on her. Thereafter, they threatened the prosecutrix that if she informed about the incident to anybody, they will kill her. The prosecutrix raised some shouts. Out of two persons, one person asked the other to get the motorcycle, and thereafter, both of them ran away. The prosecutrix was thereafter waiting on the road for help. The person viz. Sanjaybhai Budhabhai, who was going towards Village:Dungari saw her sitting there. The prosecutrix from the mobilephone of the said Sanjaybhai Budhabhai, informed her father on telephone about the incident. The prosecutrix had sustained injuries on the various parts of her body. The prosecutrix herself lodged the FIR with regard to the said incident with Dungari Police Station. Pursuant to the same, FIR being I.C.R.No.41 of 2009 came to be registered against unknown accused persons. Thereafter, the investigation into the offence was carried out and the present appellant and another co-accused were found to be involved in the offence in question and since there was sufficient material available against the them, the Investigating Agency had filed charge-sheet against both the accused persn for the relevant offences.