ABDULBHAI IBRAHIMBHAI BELIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 1104 of 2012 has been preferred by the original accused against the impugned judgement and order of conviction and sentence dated 13.06.2012 passed by the Third Additional Sessions Judge, Rajkot in Sessions Case No. 35 of 2010 under sections 376 & 506(2) of Indian Penal Code. Criminal Appeal No. 1276 of 2012 has been preferred by the State against the said judgement and order dated 13.06.2012 seeking enhancement of the sentence imposed under sections 376 and 506(2) of Indian Penal Code.

(2.) It is the case of the prosecution that the complainant who is the father of the prosecutrix lodged a complaint against the present accused before Pra. Nagar Police station stating that on 28.08.2009 at about 08.00 pm when the complainant asked his daughter victim to bring match box and bidi from the shop, she denied going and instead started crying. When the complainant asked her the reason, the prosecutrix replied that she was afraid of the accused who used to sit on the way. She complained that whenever she went to bring such things from the shop, he would ask the prosecutrix to accompany him and thereafter he took her in the dark, removed her clothes and had sexual intercourse with her. The complainant stated that the prosecutrix told him that he had threatened her and so she had not revealed these facts and that thereafter also he repeated such acts whenever she went to the shop. The complainant had further mentioned that on hearing all these things, he asked the prosecutrix to go to the shop so as to catch the accused red handed. Accordingly at about 09.00 pm the complainant waited near the airport area where the accused and her daughter came and thereafter the accused was caught red handed. Pursuant to the complaint, investigation was carried out. After investigation, chargesheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Mr. Khan, learned advocate appearing for Mr. Ashish Dagli, learned advocate for the original accused submitted that the prosecution failed to prove the case against the original accused beyond reasonable doubt. He submitted that the trial court has erred in holding that the case against the original accused is proved for the offence under sections 376 & 506(2) of the Indian Penal Code.