AJIT @ KALU RAMUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant­original accused under Section 374(2) of the Cr. P.C., against the Judgment and order dated 31.05.2010 rendered by the learned Additional Sessions Judge and Presiding Officer, 2nd Fast Track Court, Surat, in Sessions Case No.156 of 2009, whereby the appellant -accused was convicted for the offence punishable under Section 376 of the Indian Penal Code and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.5,000/ -,in default of payment of fine, further rigorous imprisonment of 1 year.

(2.) According to the prosecution case, on 17.03.2009, at about 12:30 in the afternoon, daughter of the complainant, namely, Manishaben came back from her school. It is the case of the prosecution that at about 9:30 in the night, when father of the victim returned back to his house and while they were having dinner, parents of the victim started searching whereabouts of her. After some time, she came back from the back side of the house and informed them that the appellant -accused committed forcefully sexual intercourse on which, mother of the appellant -accused quarreled with the parents of the victim. It is further the case the case of the prosecution that on 18.03.2009, when the victim came back from her school, she went to a bathroom and complained of pain in her private parts. On being asked by her parents regarding the same, she informed that on earlier night, when victim visited the house of the appellant -accused, she was called outside the house and thereafter, the appellant -accused took the victim nearby stairs situated adjacent to the house of the appellant -accused and induced her to indulge into intercourse with him. Thereafter, the appellant -accused removed his cloths and forcefully committed sexual intercourse on the victim. Thereafter, the victim started crying and came back to her house and narrated the entire story to his parents. As a result of which, a complaint was filed by the complainant against the appellant -accused for the offence punishable under Section 376 of the Indian Penal Code. Thereafter, the investigation was carried out and the victim was sent to the hospital for medical check -up and birth certificate of the victim was obtained. Thereafter, statements of the witnesses and victim were recorded and then search was made and in connection of the complaint given by the mother of the victim, Investigation Officer arrested the appellant -accused and he was sent to hospital for medical check -up. Then, medical certificate obtained by the Investigating Officer and panchnama was drawn and charge -sheet was filed against the appellant -accused for the offence punishable under Section -376 of the IPC before the Court of learned Judicial Magistrate First Class. As the said case was exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class, under Section -209 of the Code of Criminal Procedure, committed the case to learned Additional Sessions Judge and Presiding Officer, 2nd Fast Track Court, Surat, which was thereafter, numbered as Sessions Case No.156 of 2009.

(3.) On the basis of above allegations, charge was framed against the appellant -accused vide Exh.4 and read -over and explained to the appellant -accused for the offences punishable under Section 376 of the IPC. Then plea was recorded, wherein, appellate -accused pleaded not guilty to the charge and claimed to be tried.