DILIP LABHSHANKAR RAVIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. Shailesh V. Raval for the appellant and learned APP Ms. Reeta Chandarana for the respondent State. The appellant has been convicted by 2nd FTC, Rajkot in Sessions Case No. 20 of 2006 and awarded sentence under different provisions of the Indian Penal Code as under:

(2.) THE sum and substance of prosecution case is to the effect that on the date of incident when victim, a minor girl of 16 years was near her house, present appellant and his two companions had abducted her on their motorcycle by force and threat and, thereafter, present accused has taken her to the different villages like Mevasa, Chotila, Than etc. and during such period she had been raped by the present appellant.

(3.) AS against such story of kidnapping and rape, the defence taken by the appellant during trial is two folded i.e. Firstly, he was not involved at all and false case is filed against him. If such defence is to be believed, there must be reliable and cogent evidence to prove that involvement of the appellant is absolutely not proved on record whereas the record shows that there is sufficient evidence on record to confirm the involvement of the appellant. Though statement of co accused may not be material, it cannot be ignored that co -accused of the present appellant namely Rajubhai Hulabhai Khavad in Criminal Appeal No.1386 of 2007 and Ranjitbhai in Criminal Appeal No. 1761 of 2006 have admitted their involvement in such serious offence, but prayed for mercy so far as quantum of punishment is concerned, when they have undergone almost 2 years of imprisonment against maximum sentence of 7 years under Section 366 of the Indian Penal Code, since they were not convicted under Section 376 of the Indian Penal Code. So far as involvement and conviction under Section 366 and 363 of the Indian Penal Code are concerned though evidence would be scrutinized to ascertain the involvement of present appellant, now it becomes clear that there is no substance in such defence.