VIPULBHAI GANDABHAI SENMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the judgment and order in Sessions Case No. 50 of 2009 passed by the learned Additional Sessions Judge, Fast Track Court, Mahesana, Camp at Visnagar dated 5.9.2009 recording the conviction of the accused for the offence under Section 376 of the Indian Penal Code imposing the sentence of RI for 10 years and fine of Rs.60,000/- i.d. RI for 2 years and 6 months.

(2.) As it transpires from the material and evidence on record, the accused is alleged to have committed the offence of rape on the victim girl aged about 14 years when she was returning from the school. It is the case of the prosecution that the victim was studying in High School at Kansarfui, village Becharpura. It is stated that as the bicycle was locked she had gone on a foot to her school on 9.2.2009. Thereafter in the evening at five when she was returning after the school and when she was passing near the bushes, near the deep of the river, the accused came there and asked her to go with him. The victim had refused suggesting that he may inquire from her sister and thereby she could get a chance to go away. However, the accused is said to have dragged her in the bushes and gagged her mouth, overpowered her and committed the offence under Section 376, IPC. It is also stated that initially the victim resisted with her school bag and thereafter she had also shouted and the accused ran away after committing the offence. She returned to the house and the family members on inquiry learnt about the incident and called emergency mobile van and took her to the Visnagar Civil Hospital where the complaint was registered being FIR No. 29 of 2009 with Visnagar Police Station for the offence under Section 376, IPC.

(3.) After the investigation was over, the charege-sheet was filed and as the offence under Section 376, IPC is triable by the Court of Session, the case was committed to the Court of Session. Thereafter the learned Sessions Judge framed the charge for the offence and proceeded with the trial.