HARESH GHATORBHAI SATWARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 10.03.2011 passed by learned Additional Sessions Judge (Presiding Officer, F.T.C. No.2, Bhavnagar) Camp at Botad in Sessions Case No.150 of 2009 whereby sentencing the appellant for rigorous imprisonment of seven years and fine of Rs.2,000/, in default, further rigorous imprisonment of six months or the offence punishable under Section 376 of the Indian Penal Code, 1860 (the IPC).

(2.) F .I.R. being C.R. No.I104 of 2009 came to be lodged against the present appellant for the alleged offence under Section 376 of the IPC. It is the case of the prosecution that the appellant asked the prosecutrix to come to the house of one of the friends of the appellant viz, Hitesh, wherein even though the prosecutrix raised protest the appellant committed forceful intercourse on the bed, which was there in the house of the friend of the appellant, when no one was there. That the appellant had been at the house of his friend, Hitesh, wherein the prosecutrix went her friend named Pooja. That friend of the prosecutrix viz. Vimuben requested the prosecutrix and her friend Pooja to bring her son from her matrimonial house. That while going to fetch the son of the friend the appellant met the prosecutrix and her friendPooja near a pan galla where the appellant instructed the prosecutrix to come to the house of his friendHitesh.

(3.) ON completion of the investigation, chargesheet came to be filed before the Court of Judicial Magistrate, First Class, and as the offence being triable by Sessions Court, the same came to be committed to learned Sessions Court, Bhavnagar and the case was registered as Sessions Case No.150 of 2009. The trial Court framed the charges at Exh.6, which were read over to the appellant, who pleaded not guilty and claimed to be tried.