(1.) ALL these proceedings arise out of a judgement dated 5.5.2007 rendered by the learned Sessions Judge, Patan, in Sessions Case No.59/2006.
(2.) THE original accused was charged with offence under section 376 of the Indian Penal Code. He was convicted for the said offence and sentenced to rigorous imprisonment of five years and ordered to pay fine of Rs.5000/. In default, he would undergo simple imprisonment of two months. To challenge, the said judgement, the accused has filed Criminal Appeal No.828/2007. While admitting the appeal of the accused, learned Single Judge under order dated 29.6.2007, decided to take the sentence under suo motu revision. Accordingly, such revision application has been registered. To challenge the inadequacy of sentence, the State has preferred Criminal Appeal No.1057/2007.
(3.) BRIEFLY stated, prosecution version was that one Ms. 'H', the victim, aged about 19 years was married to PW2, Kishanbhai Aalabhai Parmar. She suffered from chronic stomachache. Despite medical treatment, there was no relief. The accused claimed to be a 'Bhuva" (a tantrik; a person knowing black magic and one who would use it normally for curing people of incurable mental and physical ailments). He had come to visit a temple in the village where the victim was living with her inlaws. Her motherinlaw coming to know about his professed powers, called him to cure the victim. He performed a brief ceremony and assured that within few weeks, the pain will subside. Coincidentally, after this incident pain also eased upon which the family of the victim called the accused for performing puja. He came to their house on 14.5.2006. In the evening, after having dinner, he started the ceremony inside the house. After couple of hours of making a show of performing puja, he asked all the family members of the victim, except her, to leave the room so that he can complete rest of the ceremony. Her family members went out. After some time the accused asked them to shut the door to provide complete privacy. Some 10 to 15 minutes later, members of the family got suspicious. They rushed into the room to find the victim as well as the accused completely naked and accused having sexual intercourse with her. The accused escaped from there and an FIR was later on lodged by the victim.