VINODJI HARCHANDJI THAKORE (VAGHELA) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal assails the judgment and order dated 29/05/2009, passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Deesa, camp at: Deodar in Sessions Case No. 95 of 2008, whereby, the appellant herein original accused came to be convicted for the offences punishable under Section 363, 366 and 376 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and for the offence punishable under Section 363 of the IPC, sentenced to undergo rigorous imprisonment for five years and a fine of Rs.5,000/ and in default of payment of fine, to undergo further rigorous imprisonment for one month. For the offence punishable under Section 366 of the IPC, he was sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.10,000/ and in default of payment of fine, to undergo, further rigorous imprisonment for two months, whereas, for the offence punishable under Section 376 of the IPC, sentenced to undergo life imprisonment and a fine of Rs.10,000/ and in default of payment of fine, to undergo, further rigorous imprisonment for two months. All the sentences were to run concurrently. Accordingly, present appeal has been filed by appellant original accused against conviction.

(2.) Brief Facts Of The Prosecution Case Are That On 26/02/2008 At about 3:00 o'clock, the appellant accused, allegedly abducted the victim, a minor aged about 13 years, giving her some temptation, from the lawful possession of her parents with a intention to rape her and brought her to the lake situated at Runi village and forcibly committed rape, against her will and thereby, committed the offence, as alleged against him, for which a complaint came to be lodged against him.

(3.) We have heard Mr. H. B. Champavat, learned advocate, for Mr. R. J. Goswami, learned advocate for the appellant original accused and Mr. Hardik Soni, learned Additional Public Prosecutor for the respondent State.