GOVINDBHAI BODHABHAI MER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 ("Code, 1973"), arises out of judgment and order dated 29.4.2010 passed by the learned Additional Sessions Judge, Fast Track Court, Veraval, Camp at Una in Sessions Case No. 2 of 2009, whereby conviction and sentence for life imprisonment is awarded by the learned Judge for the offence under Section 376 of the Indian Penal Code and the Rs. 50,000/ - is awarded to the victim towards the compensation.

(2.) AS per the case of the prosecution, on 4.10.2008, daughter of the complainant was kidnapped by the appellant after closure of the primary school around 14:30 by alluring her to give Rs. 10/ - and also threat was administered to the brother of the victim and thereafter, she was taken to the house of the accused, where he committed rape on her brutally with which the accused committed crime under Section 376 of the Indian Penal Code. A reference in detail would be made later on, but at the end of investigation, pursuant to the registration of FIR being CR I 48 of 2008 for the offences punishable under Sections 363 and 376 of the Indian Penal Code and on completing necessary procedure, the learned Judicial Magistrate First Class, Una, in exercise of power under Section 209 of the Code, 1973, committed the case to the learned Additional Sessions Judge, Veraval, where it was numbered as Sessions Case No. 2 of 2009 and later on, it was tried whereby the prosecution examined 14 witnesses and 35 documentary evidence and finally statement of the accused also came to be recorded under Section 313 of the Code, 1973, whereby charge was denied by the accused completely and finally came to be convicted by the trial Court as per the conviction and sentence recorded in earlier paras.

(3.) THAT the charge came to be framed being Exhibit 10 which reads as under: