ASHOKBHAI HARINDER RAJBAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 is filed by the appellant / original convict, who came to be arrested on 22.3.2008 and remained in jail throughout the trial, against the judgment of conviction and sentence of life imprisonment awarded by learned Sessions Judge, Rajkot, pursuant to Special Atrocity Sessions Case No.9 of 2008 for the offences punishable Sections 363, 366, 376 and 114 of the Indian Penal Code and under Section 3(1)(10)(11) and under Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the appellant is held guilty for the above offences and he is also convicted and sentenced for the offences under Section 363 of Indian Penal Code is convicted R.I. for 04 years and fine of Rs.4,000/ for offence under Sections 366 and 376 of the Indian Penal Code and provisions of Atrocity Act under Section 3(2)(5) convicted for life and fine of Rs.16,000/ and convicted for 01 year for offence under Section 3(1)(10)(11) and fine of Rs.2,000/. Fine of Rs.22,000/ was directed to be recovered from the convict and out of it Rs.11,000/ was directed to be given to the victim.

(2.) Brief facts of the case of the prosecution are as under :

(3.) Upon perusal of oral as well as documentary evidence viz. P.W. No.1 Dr.Jitendra Jivrambhai Joshi, who opined about age of the prosecutrix alongwith medical examination of her person, panch witnesses, Dr.Hansaben Laljibhai Kachdiya, Medical Officer, who carried out medical examination of prosecutrix in the context of crime registered, she is P.W. No.4 at Ex.23, Naranbhai Bhimjibhai Rathod, who had seen Varsahben alongwith accused is P.W. No.8 at Ex.27 then complainant P.W. No.6 Mansukhbhai Bhikhabhai Solanki, and father of P.W. No.8 prosecutrix at Ex.28 and mother of the victim P.W. No.7 at Ex.30, Varshaben victim herself P.W. No.8 at Ex.34 and factory owner Rasikbhai Ramjibhai Bhalala P.W. No.9 at Ex.36.