STATE OF GUJARAT Vs. PARSHOTTAMBHAI BHIKHABHAI SOLANKI

JUDGEMENT

(1.) BOTH these appeals, being CR.A No.278 of 2011 and CR.A No.685 of 2011 have been preferred respectively by the State and convict for enhancement of the sentence and for a challenge to the judgment and order of conviction and sentence against the convictParshottambhai Bhikhabhai Solanki. The convict was tried in Sessions Case No.87 of 2008 by 1st Fast Track Court, Amreli camp at Rajula Presided over by learned Additional Sessions Judge, Amreli and was found guilty and awarded sentence of imprisonment of life and fine of Rs.5,000/ and, in default sentence of SI of two months for the offence punishable under Section 302 of the Indian Penal Code (for short IPC). Rigorous imprisonment of sentence of 10 years and a fine of Rs.5,000/, in default additional sentence of two months SI on his being found guilty for the offence punishable under Section 376(2) of the IPC was also imposed upon the convict. The convict was also found guilty of the offence punishable under Section 201 of the IPC and sentenced to one year RI and fine of Rs.5,000/, in default sentence of 15 days SI. The judgment and order was pronounced on 23/11/2010.

(2.) BRIEFLY stated, prosecution case, as revealed in the FIR (Exhibit22) was that the complainant is a father of one Laxmi (victimdeceased) aged 07 years and one Vijay who was then aged 04 years. They all were residents of Village Mitiyana of Jafrabad Taluka. The FIR was registered on 12/07/2008 at about 14:45 pm in respect of offence committed on 11/07/2008 between noon and 5:00 p.m. The informant came out with a case that on the date of incident, he had brought his children Laxmi and Vijay from Village Mitiyana to his parents' place and left them there and went to Una wherefrom he returned at about 3:00 O'clock to Mitiyana at his house, where he found Vijay, his son aged four years crying and on being inquired whereabouts of his daughter Laxmi, Vijay informed him that Kharva Parshottam (convict) had taken Laxmi near the basin behind the bushes. The informant thereafter returned to his parents' place and inquired whereabouts of his daughter, whereupon he was told that she had gone home. That neither Laxmi nor Parshottam Kharva were seen. This persuaded the informant to search for Laxmi and he found her frock near the basin from the bushes. Therefore, suspecting a foul play, the informant with the assistance of few villagers intensified the search for Laxmi during the night; but in vain. On the next morning at about 8:00 a.m., the informant found the blood stains in nails of babool tree and the deadbody of his daughter pressed under a heavy stone in the basin water. It floated on the water when stone was removed. He found bleeding head injury of the victim. She was naked and traces of blood were found on her private parts. Under the circumstances, the informant named the culprit in the FIR.

(3.) AMONGST the aforesaid witnesses, PW 2, Vinubhai Bijalbhai Bhalia is the informantfather of the victim; PW 5 Raiyaben is the aunt of the victim and PW 13 is the child witnessson of informant and brother of victim. There is no eyewitness to the incident and the case revolves around various circumstances emerging from oral as well as documentary evidence adduced by the prosecution during the trial.