SHAVJIBHAI BHURABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of the judgment of the Sessions Court dated 10.12.2010 rendered in Sessions Case No. 66 of 2010. The accused was convicted for offence punishable under Sections 452, 376 and 506(2) of the Indian Penal Code, and sentenced to rigorous imprisonment of seven years. Fine of Rs.2,000/ - was also imposed. The convict -accused has, therefore, filed Criminal Appeal No. 2260 of 2010. The State has filed Criminal Appeal No. 1261 of 2011 seeking enhancement of sentence.

(2.) BRIEFLY stated, the prosecution version was that on 20.3.2008 in the afternoon when the prosecutrix, a young girl aged about 11 years, was alone at her house her parents having gone to another village, the accused came to her house. After ensuring that she was alone, he picked her up and took her inside the house and raped her. She started bleeding from the private parts. He left threatening her that if she informed anybody or to the police, he would kill her. The victim girl did not inform her parents immediately. However, upon feeling pain, she confided in her mother. She was first taken to a private hospital at Sukhsar and thereafter Santrampur. She was not cured fully. The First Information Report was, therefore, lodged on 24.04.2008.

(3.) WE may record the gist of evidence. The victim -girl P.W.1 was examined at Exh.5. She deposed that she was 11 years at the time of the incident, which happened on 20.03.2008. Her parents had gone to Sukhsar village. She was alone at home making rotis. The accused came there and enquired about her parents. When she said they had gone to Sukhsar, he picked her up, took her inside the house, removed her clothes and raped her. She had started bleeding from vagina, which she cleaned with her underpant. The accused took away this undergarment. While leaving he threatened her that if she informs her parents or to the police, he would kill her. Couple of hours later, her parents came back. She informed her mother about the incident after three days. She had pain in the vagina for which she was taken to the hospital at Sukhsar. Since she had no relief, she was taken to a hospital at Santrampur. She and her parents met the District Superintendent of Police at Dahod, and thereafter lodged the First Information Report, which is at Exh.6.