RATILAL LALJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A six year old female child was subjected to sexual abuse by the Appellant Ratilal Laljibhai Vasava ("the accused" for short). The accused was therefore charged and tried by the learned Additional Sessions Judge, Bharuch in Sessions Case No. 58 of 1999 for commission of the offence punishable under Sections 363, 366, 376(2)(f), 323, 506(2) of Indian Penal Code ("IPC" for short).

(2.) At the end of the trial, the accused was found guilty of the offences with which he was charged, resultantly he was convicted vide judgement and order dated 11.3.2002 for the offences punishable under Sections 363, 366, 376(2)(f), 323, 506(2) IPC and sentenced to suffer RI for one year and fine of RS.200/- in default of payment of fine SI of 30 days for offence punishable under Section 323 IPC, RI for one year and fine of RS.200/- in default of payment of fine, SI for 30 days for offence punishable under Section 506(2) IPC, RI for 5 years and fine of Rs.200/- and in default of payment of fine, SI for 30 days for the offence punishable under Section 363, RI for 5 years and fine of Rs.200/- in default of payment of fine SI for 30 days for offence punishable under Section 366, and RI for 10 years and fine of Rs.2000/- in default of payment of fine, SI for 4 months for the offence punishable under Section 376(2)(f) IPC. It is also ordered that all the sentences shall run concurrently. It is this judgement and order, which has given rise to the instant Appeal, filed under Section 374 of the Code of Criminal Procedure ("the Code" for short), at the instance of the accused.

(3.) The prosecution case as disclosed from the FIR as well as unfolded during trial is as follows.