KAPILKUMAR RAMASHISH CHANDESHWAR MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal filed by the appellant - original accused under Sec. 374(2) of the Code of Criminal Procedure Code, 1973 (for short, "the Cr. P.C.") is directed against the judgment and order dtd. 20/9/2014 passed by Additional Sessions Judge, Vadodara in Sessions Case No. 237 of 2012 (below Exh.63), wherein and whereby, the appellant has been convicted and sentenced for the offence punishable under Ss. 302, 364, and 201 of the Penal Code, 1860 (for short, "the IPC"). BRIEF FACTS:

(2.) The facts of the case of the prosecution in brief are that, the appellant - accused took Afreen Pathan (the younger sister of the complainant), who was seven years old, on 2/6/2012 at about 7 O'clock in Makarpura ST depot, while she went to fetch water at Indiranagar behind the depot and the accused Kapil Kumar Mandal lured her for having ice-cream by accompanying her to sit on his bicycle and took her away to a deserted place on the outskirts of Vadsar - Koteshwar village and brutally raped her, then strangled her to death, intending to destroy evidence. After leaving her dead body, he ran away and thereafter, called the deceased sister by threatening not inform anyone about the incident, for which, she gave a written complaint against the accused before the Makarpura Police Station for the offence punishable under Ss. 364, 365, 368, 376(f), 302, 201 and 507 of the IPC. The trial Court, after examining the oral as well as documentary evidences about 22 in number, has convicted and sentenced the accused.

(3.) The appellant did not plead guilty and claimed to be tried. The learned Additional Sessions Judge, has convicted the appellant by the judgment and order dtd. 20/9/2014 and the appellant has been convicted for the offences as follows: -