ILIYASHBHAI YUKUBBHAI DIWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the judgment and order passed in Sessions Case No.40 of 2008 by the learned Sessions Judge, Bharuch dated 23.10.2008 recording conviction of the accused for the offence punishable under Sections 376(2)(f) read with Section 506(1) of the Indian Penal Code imposing the sentence of RI for 10 years, for the offence under Section 376(2)(f) and fine of Rs.21,000/- and i.d. SI for 2 years and and RI for 8 months for the offence under Section 506(1) IPC and fine of Rs.3000/- and i.d. SI for 3 months. The court had also passed an order under Section 357 of the Code of Criminal Procedure that compensation of Rs.20,000/- may also be paid to the victim.

(2.) As it transpires from the material and evidence on record, the accused is said to have committed rape on the victim girl aged about 9 years when she had gone to the house of the accused for tuition. The accused had asked her to go inside the house to fetch the match box, and when she entered the house, the accused followed her and laid her down and committed the offence, for which the complaint came to be filed, which was registered as FIR No. 6 of 2008 with Wagra Police Station for the offence under Sections 376(2)(f) read with Section 506(1) of IPC. It is stated that when the victim had returned to her house, on an inquiry by the mother and the aunt in the evening, she disclosed the incident and had also stated that she was threatened that if she had told anybody she would be beaten the next day when she would visit the Madrasa. The victim girl has narrated to her mother and aunt, on the basis of which, the Sarpanch was called and thereafter the aforesaid FIR being I-CR No.6/2008 came to be registered with Wagra Police Station for the alleged offences as stated above.

(3.) After the investigation was over, the charge sheet was filed and as the offence under Section 376 IPC is triable by the court of sessions, it was committed to the court of Sessions. Thereafter the learned Sessions Judge framed the charge at Exh.5 against the accused for the offence under Section 376 (2)(f) read with Section 506(1) of IPC.