SHANKARBHAI SHIVABHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Appeal, the appellant challenges the judgment and order dated 4.5.2010 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Patan, in Sessions Case No.58 of 2009, whereby the learned Sessions Judge has convicted the appellant ­ accused for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and ordered to undergo sentence for a period of three years rigorous imprisonment for the offence punishable under Section 363 of the Indian Penal Code and to pay fine amount of Rs.500/ -, in default of payment of fine, further to undergo simple imprisonment for a period of two months. The appellant is further ordered to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.500/ -, in default of payment of fine, further to undergo simple imprisonment for a period of three months, for the offence punishable under Section 366 of the Indian Penal Code and for offence punishable under Section 376 of the Indian Penal Code, the appellant is ordered to undergo rigorous imprisonment of seven years and to pay a fine of Rs.1000/ -, in default, further to undergo four months simple imprisonment. All the sentences shall run concurrently and the accused has been given set off the period of undergone.

(2.) Short facts of the case of the prosecution are such that on 17.6.2009, the minor daughter of the complainant aged about 15 years was sleeping outside her house along with her mother, brother and sisters and the complainant went to labour work. At that time, the appellant, who was driver of the tractor of the elder brother of the complainant namely Pasabhai and therefore, he used to visit frequently at the house of the complainant. On that day, the appellant without taking consent of the complainant, took away the minor daughter of the complainant from the custody of the parents on his motorcycle along with accused No.2 with a view to commit rape and took the victim at different places and committed rape upon her. Therefore, the complainant lodged the complaint against the accused and after recording the statement of the complainant and on investigating into the matter, the accused was booked for the alleged offence. Thereafter, the investigating officer has filed the charge -sheet against the accused and the offence was exclusively triable by the Sessions Court, the case was committed under Sections 209 of the Code of Criminal Procedure before the Court of Sessions and same is numbered as Sessions Case No.58 of 2009. Thereafter, the learned Sessions Judge framed the charge against the accused. The plea of the accused was recorded wherein he has denied the charge levelled against him. Therefore, the trial has been conducted against the accused.

(3.) To prove the case against the accused, the prosecution examined following witnesses :