STATE OF GUJARAT Vs. PRADHANJI

JUDGEMENT

(1.) PRESENT appeal is directed against the judgment and order 28/02/2012 passed by the learned 2nd Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 54 of 2011, whereby, the respondent herein - original accused No. 2 came to be convicted for the offence punishable under Section 376 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 2,000/ - and in default of payment of fine, to undergo further simple imprisonment for six months.

(2.) BRIEF facts of the prosecution case are that a complaint before the Palanpur Taluka Police Station came to be lodged against the accused stating that on 09/04/2011, the original accused kidnapped the niece of the complainant, aged 12 years, from their lawful possession and raped her against her will and thus, the accused committed the alleged offence punishable under Sections 363, 366, 376 and 114 of the IPC.

(3.) WHEREAS , Mr. Buch, learned advocate for the respondent herein - original accused No. 2, pointed out that in view of the medical evidence, the age of the victim is above 14 years and conviction is for the offence punishable under Section 376 and therefore, no enhancement is required and accordingly, the present appeal for enhancement of sentence, may be dismissed.