STATE OF GUJARAT Vs. VINUBHAI PARVATBHAI SODHA PARMAR

JUDGEMENT

(1.) Both these appeals have been preferred against the same judgment and order dated 30-5-2011 passed by the learned 5th Additional Sessions Judge, Nadiad, in Sessions Case No.153 of 2010 whereby the original accused was convicted and sentenced to undergo RI for ten years with fine of Rs.5,000/-, in default, to suffer further RI for one year for the offence punishable under section 376 of Indian Penal Code (hereinafter referred to as "IPC" for short). Original accused was also ordered to pay compensation of Rs.10,000/- to the victim. Original accused was however acquitted for the offence punishable under Section 506(2) of IPC. Original accused was given set off for the period undergone in jail. Criminal Appeal No.1043 of 2011 has been filed by the State for enhancement of sentence whereas Criminal Appeal No.179 of 2012 has been filed by the original accused against his conviction.

(2.) Short facts of the prosecution case are that a complaint was lodged by the complainant Bhudarbhai Chaturbhai Solanki with Kapadvanj Rural Police Station, Nadiad, for the offences punishable under sections 376 and 506(2) of IPC alleging inter alia that on 23-5-2010 at about 1.30 hours at night, when the victim had gone for natural call, the accused took her in the open filed of Village Raiji Baraiyana Muvada behind Baliyadev Mandir and committed rape against her will. Upon filing of the complaint, the police started investigation and at the end of investigation, charge sheet was filed before the Court of learned Judicial Magistrate First Class, Kapadvanj.

(3.) Heard learned APP, Mr.L.R.Pujari for the State and learned advocate, Ms.Sadhana Sagar for the original accused.