SAGAR BHIMABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present conviction Appeal has been filed by the appellant original accused No.1, under Section 374 of the Cr. P.C., against the Judgment and order dated 19.04.2011 rendered by the learned Sessions Judge, Bhavnagar, in Sessions Case No.138 of 2006, whereby the appellantaccused No.1 was convicted for the offence punishable under Sections 376 of the Indian Penal Code and sentenced to undergo 7 years rigorous imprisonment with fine of Rs.5,000/, in default of payment of fine, further rigorous imprisonment of 6 months, for the offence punishable under Section 506(2) of the IPC and sentenced to undergo six months rigorous imprisonment with fine of Rs.500/,in default of payment of fine, rigorous imprisonment of 10 days.

(2.) ACCORDING to the prosecution case, on 06.03.2006, at about 5:00 p.m. at village Shihore, District: Bhavnagar, when the prosecutrix went to purchase vegetables in the area of Rajivnagar, coaccused Geetaben, original accused No.2 met her on the way. She was the sister of the present appellantaccused No.1. Thereafter, prosecutrix was taken at the house of accused No.3 Dahiben, who was the mother of the present appellantaccused. Thereafter, the prosecutrix was given cup of tea and while she was sitting in the Osri, the appellantaccused came there and shut her mouth with the handkerchief and she was subjected to sexual intercourse by the appellantaccused without her consent. Further, it is the case of the prosecution that she was threatened by the appellantaccused that he would kill his family members, if she disclosed this fact to anyone. Thereafter, the prosecutrix went her house. Again after an hour, the appellantaccused went to the house of the prosecutrix, where the younger brother viz. Hiteshbhai was present. The appellantaccused sent him to take panmava and in the mean time, the appellantaccused again forcibly committed sexual intercourse with the prosecutrix and again she was threatened by the appellantaccused to kill her parents. Thereafter, when her parents returned to their house, she narrated the said incident to them. As a result of which, after two days i.e. on 08.03.2006, a complaint was filed by the complainantHansaben Bhagvanbhai Parmar before PI Shri Sukhdevsinh Zala. Thereafter, the statements of the prosecutrix and witnesses were recorded. Panchanma of place of offence was drawn. The prosecutrix victim was sent for medical checkup and appellantaccused was arrested and sent to hospital for medical checkup. Muddamal cloths of the victim were recovered and birth certificate of the victim was tagged with the investigation papers. Thereafter, ravangi note was prepared and seized muddamal was sent to FSL for analysis report. After receiving the report of FSL, chargesheet was filed against the appellantaccused for the said alleged offences by the Investigating Officer before the learned Judicial Magistrate First Class, Shihore. As the said case. As the said case was exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class, Shihore committed the case to learned Sessions Judge, Bhavnagar, which was thereafter, numbered as Sessions Case No.138 of 2006.

(3.) ON the basis of above allegations, charge was framed against the appellantaccused vide Exh.8 and readover and explained to the appellantaccused for the offences punishable under Sections 376, 506(2) and 114 of the Indian Penal Code. Then plea was recorded, wherein, appellateaccused pleaded not guilty to the charge and claimed to be tried.