STATE OF GUJARAT Vs. VIJAYBHAI MOHANBHAI PRAJAPATI

JUDGEMENT

(1.) PRESENT appeals, assail the judgment and order dated 04/01/2014 passed by the learned Additional Sessions Judge, Court No. 10, Ahmedabad City, Ahmedabad in Sessions Case No. 181 of 2012, whereby the learned trial Judge was pleased to acquit the original accused Nos. 2, 3, 5 and 6, whereas, convicted the original accused No. 1 for the offence punishable under Section 397 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced him to undergo five years' simple imprisonment and a fine of Rs. 3,000/ - and in default of payment of fine, to undergo further simple imprisonment for six months. The accused No. 1 was also convicted for the offence punishable under Section 451 of the IPC and sentenced to undergo two years' simple imprisonment and a fine of Rs. 1,000/ - and in default of payment of fine, to undergo further simple imprisonment for three months. Further, for the offence punishable under Section 342 of the IPC he was sentenced to undergo six months' simple imprisonment and a fine of Rs. 500/ - and in default of payment of fine, to undergo further simple imprisonment for one month. All the sentences were to be undergone concurrently. The case against the accused No. 4 was abated since he was died pending trial. Accordingly, Criminal Appeal No. 330 of 2014 has been filed by the State for enhancement of sentence of original accused No. 1, whereas, Criminal Appeal No. 1111 of 2014 has been filed by the original accused No. 1 against conviction and the Criminal Misc. Application No. 14559 of 2014 has been filed by the accused No. 1 for suspension of sentence pending appeal.

(2.) BRIEF facts of the prosecution case are that on 05/04/2011 when complainant - Priyankaben Arijit Karpurkayastha was alone at her resident, at about 3:30 p.m., two persons came to her residence in the guise of delivering some gift and asked for Flat No. 22, however, since, the said flat did not belong to the complainant, she informed them accordingly and hence, they went away. However, on the next day i.e. on 06/04/2011 at about 3:00 p.m., again they came to the home of the complainant with the same theory and said that yesterday they did not know the address properly and the gift belonged to the husband of the complainant and accordingly, one person opened the door and rushed into the house and before the complainant could do anything, he pressed the mouth of the complainant and tied her hands and the mouth with medical tape and thereafter, she was threatened by showing knife was made to seat in the bedroom and committed loot worth Rs. 3,34,500/ - viz. cash of Rs. 6,000/ - and other gold and silver jewellery. The accused persons, then locked the complainant in the bathroom and fled away from there and thus, the accused committed the alleged offence for which, a complaint came to be lodged against the accused for the offence punishable under Sections 395, 397, 451 and 342 of the IPC and Section 135(1) of the Bombay Police Act.

(3.) WE have examined the matter carefully and gone through the evidence on record. We have re -appreciated and re -evaluated the evidence on the touchstone of the latest decisions of the Hon'ble Apex Court.