STATE OF GUJARAT Vs. NANJIBHAI HIRABHAI KATARA

JUDGEMENT

(1.) Criminal Appeal No. 888 of 2009 has been preferred by the original accused against the impugned judgement and order of conviction and sentence dated 21.01.2009 passed by the Additional Sessions Judge, Himmatnagar, Camp Idar in Sessions Case No. 63 of 2007 under section 376 of Indian Penal Code. Criminal Appeal No. 403 of 2009 has been preferred by the State against the said judgement and order dated 21.01.2009 seeking enhancement of the sentence imposed under section 376 of Indian Penal Code. The original accused is sentenced to suffer rigorous imprisonment for seven years and fine of Rs. 5,000/-, in default, rigorous imprisonment for six months under section 376 of IPC.

(2.) On a perusal of records, it is borne out that the appeal filed by the accused has become academic as the accused has already undergone the sentence imposed upon him. In that view of the matter, Criminal Appeal No. 888 of 2009 shall stand disposed of as having become infructuous.

(3.) It is the case of the prosecution that on 14.04.2006 at about 04.00 pm, the accused demanded water from the victim daughter of complainant and while she was entering the room for getting water, the accused went behind her and committed raped on her. A complaint was therefore lodged by the complainant. Pursuant to the complaint, investigation was carried out. After investigation, chargesheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.