KAMLESH @ GOVIND RAMANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present conviction Appeal has been filed by the appellant original accused under Section 374 of the Cr. P.C., against the Judgment and order dated 13.11.2009 rendered by the learned Special Judge, Kheda at Nadiad, in Special Atrocity Case No.30 of 2009, whereby the appellant -accused was convicted for the offence punishable under Sections 3(1)(x) of the Scheduled Cast and Scheduled Tribe (Prevention of Atrocities) Act, and sentenced to undergo 1 year rigorous imprisonment with fine of Rs.1,000/ -, in default of payment of fine, further rigorous imprisonment of 3 months, for the offence punishable under Section 376 of the IPC and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.35,000/ -,in default of payment of fine, rigorous imprisonment of 2 years, for the offence punishable under Section 323 of the IPC and sentenced to undergo 10 days rigorous imprisonment with fine of Rs.250/ -,in default of payment of fine, rigorous imprisonment of 2 days and for the offence punishable under Section 506(2) of the IPC and sentenced to undergo 6 months rigorous imprisonment with fine of Rs.500/ -,in default of payment of fine, rigorous imprisonment of 1 month.

(2.) ACCORDING to the prosecution case, one Pintiben was from Scheduled Tribe family, residing at Mamba station of Bhatera Sim near well of Jayanti Chhagan, Kathlala, District Kheda and was carrying out household works and living with the family members. She was around 14 years minor girl. His father Bachubhai has buffalo and through which, milk was supplied to dairy between 7 to 8 p.m. in morning and at 6 o'clock in evening. On 12.01.2009, round about 6 o'clock in evening, milk was given to her by his father to supply to dairy. Therefore, she went to the dairy. When she was returning back from the dairy at round about 7 o'clock to her home, she purchased Tea, Sugar, and Manekchand Tobacco, the present appellantaccused came there and due to the darkness, she was caught by him and he also put his palm on the mouth on the victim and she was threatened that if she would shout, he would kill her. The appellant -accused took her just near to that place of Raydi field and made a bite injuries on her right hand of the victim. Both the hands of the victim were caught by the appellant -accused. Payjama and underwear of the vitcim were removed by the appellant -accused and thereafter, he also removed his cloths. Thereafter, penetration was made and the appellant -accused committed a rape and also threatened the victim not to disclose the fact otherwise, he would kill her and he ran away from the said place. The entire story disclosed by the victim to her father and her father disclosed the said fact to neighbours Manubhai Bhagubhai Solanki, Chandubhai Bhagubhai, Pintubhai Ishwarbhai and Bhikhabhai Somabhai. As a result of which, on 13.01.2009, a complaint was filed by the victim before the Kathlal Police Station bearing I -C.R.No.09 of 2009 for the offences punishable under Sections 376, 323 and 506(2) of the IPC and under Section 3(1)(x) of the Atrocity Act.

(3.) ON the basis of above allegations, charge was framed against the appellant -accused vide Exh.2 and read -over and explained to the appellant -accused for the offences punishable under Sections 376, 323 and 506(2) of the IPC and under Section 3(1)(x) of the Atrocity Act. Then plea was recorded, wherein, appellate -accused pleaded not guilty to the charge and claimed to be tried.