RAFIK KHAN ASGARKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-original accused has preferred this appeal under Sec.374(2) of the Code of Criminal Procedure, 1973 against the judgment and order dated 29-5-2000 passed by the learned Additional Sessions Judge, Court No.7, Ahmedabad City, in Sessions Case No.222 of 1999 whereby he has been sentenced to undergo ten years rigorous imprisonment with a fine of Rs.100/-, in default to undergo further rigorious imprisonment of one month for the offence punishable under Sec.376 of Indian Penal Code. He has further been sentenced to undergo one year rigorous imprisonment for the offence under Sec.342 of IP Code. He has also been sentenced to undergo three years rigorous imprisonment for the offence under Sec.506(2) of IP Code with a token fine of Rs.100/-in default to undergo further one month rigorous imprisonment. The three substantive sentences were ordred to be run concurrently.

(2.) The case of the prosecution is that the victim was residing in Ramanlal Inamdar's chawl, Amraiwadi, and the appellant-accused was also residing in the same vicinity. On 31-5-1998 between 1315 hours and 1330 hours when the victim was passing near the house-cum-shop of one Firoz, she was asked by the accused to clean the vessels in his house. While she was cleaning the same, the accused closed the door from inside. When she was about to shout, she was threatened by the accused stating that if she shouts, then will meet with the dire consequences. She was asked to remove her clothes from her body and was taken to one inner room where she was raped by the accused. Thereafter, she immediately rushed to her parents who were searching her from nearby and narrated the whole incident. She was taken to the Amraiwadi Police Station by her mother and a complaint was lodged there by the mother which was registered as Amraiwadi Police Station I.C.R.No.393 of 1998 for the offences punishable undr Secs.376, 342 and 506(2) of IPC Code and police started investigation. During the course of investigation, the appellant was arrested. At the end of investigation, charge-sheet was submitted. As the offences were triable only by the Court of Sessions, case was committed by the learned Metropolitan Magistrate to the Court of Sessions at Ahmedabad where it was numbered as Sessions Case No.222 of 1999. The charge was framed against the present appellant-accused on 16-12-1999 by the learned Addl. Sessions Judge. It was read over to the appellant who pleaded not guilty to the charge and claimed to be tried.

(3.) To prove the guilt against the accused, the prosecution examined 9 witnesses in all and also produced documentary evidence with list Ex.8. On submission of closing purshis by the prosecution, learned Addl. Sessions Judge, Ahmedabad City, recorded further statement of the accused under Sec.313 of Cr.P.C. After hearing the learned advocates appearing for the respective parties, the learned Addl. Sessions Judge, Ahmedabad City, vide judgment and order dated 29-5-2000 passed in Sessions Case No.222 of 1999 convicted the appellant as aforesaid.