RAMKISHORE BHARATSINH YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This criminal appeal preferred by the sole appellant Ramkishor Bharatsinh Yadav herein, under Sec. 374(2) of the Cr.P.C. is directed against the judgment of conviction and order of sentence dtd. 13/7/2016 passed by the 6th Additional Sessions Judge, Gandhidham at Kutch in Sessions Case (Special Atrocity) No.6 of 2012, by which he has been convicted under Ss. 376 , 363 and 324 of the IPC and Sec. 3(i)(11), 3(1)(12) and 3(2)(v) of the Atrocities Act and sentenced to undergo following imprisonments and amount of fine: <IMG>JUDGEMENT_33_LAWS(GJH)4_2025_1.jpg</IMG>

(2.) Case of the prosecution, in short is that, the minor daughter aged about 2.5 years of the complainant (PW.6) was kidnapped on 22/11/2011 between 10:30 to 11:30 p.m. when the minor was slipping with her grandmother and thereafter, she was taken to the bushes nearby railway track by the accused and then, he committed rape upon her and also caused severe injuries on her private part. The case of the prosecution in detail is as follows:

(3.) After due framing of the charge and upon accused pleaded not guilty, the trial commenced before the Additional Sessions Judge, Gandhidham. In the course of trial, the prosecution examined in all 23 witnesses and exhibited 24 documents: