RAJESHBHAI @ RAJUBHAI KANTIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 05.05.2010 passed by the learned Sessions Judge, Kheda at Nadiad, in Sessions Case No.11 of 2010. The said case was registered against the appellant original accused for the offences punishable under Sections 376 and 452 of the Indian Penal Code. The appellant is sentenced to undergo R.I. for ten years and fine of Rs.30,000/ -, in default, R.I. for two years for the offence punishable under Section 376 of the Indian Penal Code. He is also sentenced to undergo R.I. for two months and fine of Rs.500/ -, in default, R.I. for 10 days for the offence punishable under Section 452 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, on 3.11.2009 the complainant went for grassing cattle at about 10 O'clock in the morning and his wife went for cutting paddy in the field at about 8 O'clock in the morning. When the complainant was grassing the cattle, at about 1 O'clock his uncle's son viz. Kabhibhai Jibhaibhai Talpada came on motorcycle and told him that when his victim daughter was alone at home at that time Rajubhai Kantibhai Parmar, resident of Village Agrva came and raped his daughter. The complainant returned to home with the cattle and saw that his daughter was lying on the floor and was crying. The complainant asked his daughter about the incident and in reply to that she told that when she was alone at home at that time Rajubhai Kantibhai Parmar came and closed the door from inside and raped her.

(3.) ON the basis of above allegations, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him. As the case was sessions triable the same was committed to the Court of Sessions.