BHAVARLAL GULZARILA YOGI 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 12.04.2010 passed by the learned Special Sessions Judge, FTC, Porbandar, in Sessions Case No.30 of 2009. The said case was registered against the appellant­original accused for the offences punishable under Section 376 of the Indian Penal Code. The appellant is sentenced to undergo R.I. for ten years and fine of Rs.5,000/, in default, R.I. for three months for the offence punishable under Section 376 of the Indian Penal Code.

(2.) According to the prosecution case, the appellant has been falsely implicated for the offences punishable under Sections 376 and 114 of the Indian Penal Code in an FIR lodged by one Jivtiben D/o Bhayabhai Hirabhai Solanki which has been registered as CR No.I 148 of 2008 before Kamlabaugh Police Station, Porbandar. It is alleged in the said FIR that on the day of incident i.e. 26.11.2008 father of the victim was sleeping in the noon and her mother was at work and the victim went to fetch water in nearby vicinity where the present appellant also came with a bucket. It is further alleged in the complaint that after the bucket was filled, the appellant asked the victim to take the bucket to his place. When she entered in the house of the appellant, the present appellant came from behind and another accused i.e. Vishal closed the door. On seeking this, the victim started shouting. The present appellant tried to prevent her from doing so and, thereafter, the appellant forcefully removed the clothes of the victim and forced her to do physical relation with him and, thereafter, another accused also committed the said offence. During this time, people from the neighbourhood gathered and on seeing them the accused run away. Thereafter, relatives of the victim came there and victim informed them about the said incident. Hence the FIR was lodged on 26.11.2008.

(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 them. As the case was sessions triable the same was committed to the Court of Sessions.