MEPA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal is directed against the judgment and order rendered in Sessions Case No. 9 of 2009 by the learned District and Sessions Judge, Porbandar dated 5.2.2010 recording the conviction of the accused for the offence under Sections 397, 363, 323, 506(2) of the Indian Penal Code and imposing the sentence as stated in the impugned judgment and order.

(2.) THE brief facts of the case are that the complainant -victim had accompanied her friend on 31.12.2008 for darshan at Rangbai Temple for which they were going from Porbandar and when they were near the temple of goddess Sikotar, they had stopped. It was a barren land. At that time at about 20:30 hours one unknown person (accused) is said to have come with the sword and asked the complainant and her friend to step out of the car and forcibly taken them to the barren area of mines and the friend of the complainant was assaulted with the sword and thereafter the friend of the complainant ran away. The accused looted the cash, mobile and watch from the complainant and left her there. Thereupon she reached to her house with the help of the friend of her husband and the complaint has been lodged next day which has been registered as FIR No. 1 of 2009 at Kamlabaug Police Station, Porbandar for the offence under Sections 397, 363, 323, 506(2) of the Indian Penal Code and Section 135 of the Bombay Police Act.

(3.) IN order to bring home the charges levelled against the accused, the prosecution examined the witnesses including the complainant victim and also produced the documentary evidence which shall be referred to in the judgment.