STATE OF GUJARAT Vs. CHIMA @ CHINIO ARJANBHAI KATKIA

JUDGEMENT

(1.) THESE appeals are filed by the State and arise out of the same judgment of the Sessions Court dated 18.03.2005. By the said judgment, the respondent accused was convicted for the offences punishable under Sections 376, 506(2) and 306 of Indian Penal Code. For offence under Section 376, he was awarded rigorous imprisonment of 7 years and fine of Rs.1,000/. For offence under Section 306, he was awarded sentence of rigorous imprisonment of 5 years and fine of Rs.1,000/. No separate sentence was awarded for offence under Section 506(2) IPC. In Criminal Appeal No.1806 of 2005, the State has prayed for enhancement of sentence for offence under Sections 376 and 306 of IPC. In Criminal Appeal No.1805 of 2005, the State has prayed for awarding separate sentence for offence under Section 506(2) IPC.

(2.) AS per charge Exh.1, on 10.05.2003, early in the morning between 4:00 and 5:00, one 'J', aged about 19 years, had gone to answer the nature's call near her house. The accused came there at that time and pushed her to the ground and then committed rape on her. Her mother came at that time looking for her. The accused thereupon ran away giving a threat to both of them that if they filed a complaint, he would kill them. Later, on 17.05.2003, at about 9:00 O'clock in the morning, 'J' pouring kerosene on herself and setting her on fire, committed suicide.

(3.) JANJIBEN , mother of the victim P.W.7, was examined at Exh.45. She deposed that on the date of the incident, she and her daughter 'J' had got up early in the morning. Her daughter had gone outside the house to answer nature's call. Since she took long to return, she went looking for her. She saw that her daughter was lying on the ground and the accused lying on her. His trousers were undone. When she went closer, the accused got up, kicked her and ran away threatening them that if they filed a complaint he would kill them. She brought her daughter home and informed her husband. They decided not to file the complaint for the fear of adverse publicity. She identified the accused before the Court.