ARVINDBHAI CHADUBHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present Appeal, the appellant challenges the judgment and order dated 29.3.2012 passed by the learned Additional Sessions Judge, Dahod, in Sessions Case No.1 of 2009, whereby the learned Sessions Judge has convicted the appellants accused for the offences punishable under Section 376 of the Indian Penal Code and ordered to undergo sentence for a period of ten years rigorous imprisonment for the offence and to pay fine amount of Rs.5000/ -, in default of payment of fine, further to undergo simple imprisonment for a period of three months. The accused have been acquitted by the learned Sessions Judge for the charges of offences punishable under Sections 363, 366 and 114 of the Indian Penal Code. The accused have been given set off the period of undergone.

(2.) SHORT facts of the case of the prosecution are such that on 2.9.2008, in the morning at 9:30 a.m., the prosecutrix when returning from the college, going to the Government Hospital for check up for mouth ulcer along with P.W.3 Rahul Darji, at that time, at about 2:00 p.m., three persons i.e. appellants and one juvenile accused came there and kidnapped the prosecutrix on motorcycle and then committed rape against her will and consent by the accused persons. Therefore, the prosecutrix filed complaint against the accused and the police booked the accused persons 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.1 of 2009. Thereafter, the learned Sessions Judge framed the charge against the accused. The plea of the accused were recorded wherein they have denied the charge levelled against them. Therefore, the trial has been conducted against the accused.

(3.) TO prove the case against the accused, the prosecution examined following witnesses : <FRM>JUDGEMENT_20_LAWS(GJH)2_2015.htm</FRM>