SHAILESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Barad, learned advocate for the appellant and Mr. Dabhi, learned APP for the respondent.

(2.) THIS appeal under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 11.5.2010 passed by the learned Sessions Court, Anand in Sessions Case No. 112 of 2009 whereby the learned Court has recorded conviction against the appellant for offence punishable under section 376 of I.P.C. and has sentenced the appellant to undergo SI for 10 years and to pay fine of Rs. 500/ - and in default to undergo SI for two and half years.

(3.) ACCORDING to the prosecution in the complaint lodged on 25.8.2009, the complainant alleged that her mentally challenged daughter - who is deaf and dumb - had gone to fetch water, the appellant approached her and gripped her in his arms and pushed her to the ground and after lifting her clothes he forcibly committed sexual intercourse - rape with her daughter against her wish and since one of her neighbors saw the appellant committing rape the appellant fled from the place of the incident. The complainant also alleged that having seen the appellant committing wrong with her daughter, the neighbor came to her and told her about the incident. Therefore, she, with her son, immediately rushed to the place of the incident and when they reached at the place of incident she saw that her daughter was crying and was putting on her clothes. The said complaint/FIR was registered and investigation commenced.