RAJESHKUMAR RAMESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. J.M. Panchal, learned Senior Advocate has handed over the matter to learned advocate Ms. Poonam Maheta and he has no objection to her appearance, who has instructions to appear for the appellant.

(2.) Challenge in this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") is against the judgment and order of conviction and sentence dtd. 2/2/2008 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court no.7, Gondal at Dhoraji in Sessions Case no.27 of 2007 for the offence punishable under Ss. 354, 506(2), 376 read with Sec. 511 of the IPC. The accused was ordered to undergo the sentence of one year rigorous imprisonment for the offence punishable under Sec. 354 and fine of Rs.500.00, in default of payment of fine, one month simple imprisonment and for the offence under Sec. 506(2), one year rigorous imprisonment and fine of Rs.500.00 in default of payment of fine, six months simple imprisonment and for the offence punishable under Sec. 376 read with 511 of IPC, the sentence of three years and six months rigorous imprisonment with fine of Rs.5,000.00 and in default of payment of fine, simple imprisonment of six months. All the punishments were ordered to run concurrently.

(3.) The complaint was given by the victim PW1 who at the time of the incident was 21 years of age and according to her, the incident occurred on 9/1/2004. She was doing household work and was residing along with the parents and brother. On that day, her elder brother Vimal had gone to the field and she was on her way to give him rice. It is alleged by the complainant that at that time, the accused chased her. She felt that the accused might be going to his field. As per the complainant at about 12:15 hrs. near the field of Vastaramji, the accused caught victim by her shoulder and snatched bag containing rice and dragged her in the cotton field. It is alleged that the accused pressed her mouth by a handkerchief and when she tried to raise alarm, the accused threatened her to keep silence or else would kill her. She alleged about the forceful act of the accused and also stated that her gown and undergarments were removed upto knee. At that time, she pushed the accused by kicking him and when the complainant victim started shouting, at that time, her aunt Pooja rushed there and on seeing the aunt, the accused ran away.