GHELABHAI KABHAIBHAI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present Appeal, the appellant challenges the judgment and order dated 6.2.2010 passed by the learned Additional Sessions Judge, Kheda at Nadiad, in Sessions Case No.64 of 2009, whereby the learned Sessions Judge has convicted the appellant accused for the offences punishable under Sections 376 and 506(2) of the Indian Penal Code. The learned Sessions Judge ordered the appellant accused to undergo sentence for a period of 10 years rigorous imprisonment for the offence punishable under Section 376 of the Indian Penal Code and to pay fine amount of Rs.10000/ -, in default of payment of fine, further to undergo rigorous imprisonment for one year. The appellant was further ordered to undergo sentence for a period of one month rigorous imprisonment and to pay a fine of Rs.100/ -, in default of payment of fine, further rigorous imprisonment for 10 days, for the offence punishable under Section 506(2) of the Indian Penal Code. All the sentences shall run concurrently.

(2.) BRIEF case of the prosecution is as such that the victim married before 10 years from the incident and out of wedlock, the victim has four children. As per the case of the prosecution, the appellant accused was friend of the husband of the victim. On 8.5.2009 at about 11:00 at night, the accused came near the hut and called the victim by shouting that the victim was called by her husband therefore, the victim came out and at that time, her brother -in -law (Diyar) was sleeping in the hut. The victim when came out from the hut, she found the accused alone and at that time, the accused gagged her mouth and dragged her into the field of bajra and committed rape upon her. After committing rape upon the victim, the accused gave threat not disclosed the fact to any one. On next day, the victim informed her husband about such incident.

(3.) TO prove the case against the accused, the prosecution examined following witnesses :