STATE OF GUJARAT Vs. AJAY @ MUNNO NAINSING DANTANI

JUDGEMENT

(1.) By way of this appeal, the appellantState of Gujarat has challenged the judgment and order of conviction and sentence dated 30.04.2012, rendered by the learned Additional Sessions Judge, Court No.7, Ahmedabad City, in Sessions Case No.282 of 2011, whereby the respondentoriginal accused has been convicted for the offences punishable under Sections 376 read with Section 511 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years with fine of Rs.1,000/ in default of payment of fine, simple imprisonment for two months. The original accused was given the benefit of set off.

(2.) The brief facts of the prosecution case as unfolded during the trial is that on 24.11.2010 at about 19:30 hours, when the minor daughter of the complainant, aged about 5 years, was playing near the house, the respondentaccused came there and took her in a lane and tried to commit rape on her. A complaint in respect of this incident was lodged by the complainant, mother of the victim with Odhav Police Station. In pursuance of this complaint, FIR vide Odhav Police Station C.R.I. No.578 of 2010 came to be registered.

(3.) The investigation was taken up and after usual investigation, chargesheet came to be filed against the accused persons. The offence committed by the accused persons were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Ahmedabad City under Section 209 of the Code, where it was registered as Sessions case No.282 of 2011. Charge vide Exhibit3 came to be framed against the accused person. He pleaded not guilty and claimed to be tried.