KALIDAS RANCHHODBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr.Yogendra Thakore for the appellant and learned APP Ms.Reeta Chandarana for the respondent State.

(2.) THE appellant has been convicted by impugned order dated 14.12.2005 in Sessions Case no.65 of 2005 by Addl.Sessions Judge, Fast Track Court no.6, Bharuch, for seven years R.I with fine of Rs.5000/ -, and in default of payment of fine, further imprisonment for one year for the offence punishable u/s.363 r/w. Section 366 of the IPC and also convicted the accused for 10 years R.I with fine of Rs.5,000/ -, and in default of payment of fine, further imprisonment for one year for the offence punishable u/s.376 r/w.Section 511 of the IPC. The jail record shows that the appellant has been arrested on 23.5.2005, and thereby, he has undergone almost 9 years of imprisonment out of maximum sentence of 10 years. All the sentences are ordered to run concurrently with benefit of set -off.

(3.) THE sum and substance of the prosecution case is to the effect that on 21.5.2005, between 9 p.m. to 10 p.m., the appellant accused has abducted the victim from the Wada of her house by some coercion and temptation, and thereafter, forced her to drink liquor, and thereupon, he dragged her to the sugarcane field, and by using force he committed offence of rape upon the victim, who was only 8 years old at that time. The charge was framed as above on 6.9.2005 at Exh.6 and after full -fledged trial, appellant has been convicted as aforesaid.