RAIJIBHAI @ RAVJIBHAI MANIBHAIPARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has challenged his conviction by impugned judgment and order dated 19.9.2011 in Sessions Case No.69 of 2010 by the Additional Sessions Judge, Nadiad, whereby, he was awarded RI of six months for committing offence under Section 342 with imprisonment of five years and penalty of Rs.500/ - with direction to undergo two months imprisonment in default of payment of fine for committing offence under Section 328 of IPC and RI of seven years with penalty of Rs.1,000/ - and to undergo additional imprisonment in default of payment of penalty for committing offence under Section 376 of IPC. However, all such imprisonment is to be undergone concurrently with set off period for which he remains in custody pending trial.

(2.) ACCORDING to jail report dated 6.6.2015, appellant was arrested on 2.5.2010 and, therefore, till date he has undergone imprisonment of four years and six months out of total imprisonment of seven years.

(3.) THE above referred conviction was result of a prosecution of the appellant pursuant to complaint registered at Matar Police Station as first C.R. No.2 of 2011. In such FIR, it is the case of the complainant that on 30.4.2011 at about 7.00 pm, when victim and her sisterin - law, while returning from flour mill to reach their village, they have to seek lift of some vehicle on road and, thereupon, appellant has given them lift in his truck, but instead of taking them to their village, he took the truck at some other place and offered a drink to them which was having liquor content and, thereupon, when victim and her sister -in -law became drunk and in -sense to some extent, thereupon the appellant accused has outraged the modesty of both of them and threatened them that if they complain or oppose his activity, he will throw them down from the truck and kill them and in such condition i.e. under his fear and intoxication because of drink given by the appellant, victim and her sister -in -law could not resist or oppose the accused appellant who had thereupon committed rape on both of them, one after another by forcible intercourse and, thereupon, they were dropped at Alindra cross road. So far as place of incident is concerned, it is disclosed in complaint that the victims were residing in the field in the sim of village Pij and since there was no facility of flour mill, they have to go to village Ramol for grinding of wheat in a flour mill and from Ramol, accused has taken them to village Alindra instead of village Pij and then dropped them near cross road of Alindra. It is further contended that at the time of committing an offence of rape, the driving license of the appellant accused had fallen down and it was carried by the victims with them when they were dropped near Alindra cross road from where they came to village Vaso in Rickshaw and then tried to reach their village Pij where they have to take shelter since it was late night and in early morning, they called one Ramesh son in law of the victim who helped them to reach Police and hospital for further action. Thereby, they were taken to Nadiad Civil Hospital where they have narrated the incident and, thereupon, FIR came to be lodged for the offence punishable under Section 342, 327 and 376 of IPC with Matar Police Station as First CR No.54 of 2010.