THE STATE OF GUJARAT Vs. ARVINDBHAI GANGUBHAI RATHOD

JUDGEMENT

(1.) Present appeals are directed against the judgment and order dated 04/11/2004, passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Jamnagar in Sessions Case No. 58 of 2004, whereby, original accused came to be convicted for the offence punishable under Sec. 376 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 500/ - and in default of payment of fine, to undergo further simple imprisonment for three months. Accordingly, Criminal Appeal No. 1057 of 2005 has been filed by the State for enhancement of sentence, whereas, Criminal Appeal No. 281 of 2005 has been filed by the original accused against conviction.

(2.) Brief facts of the prosecution case are that prior to three months of 17/03/2004, the accused, knowingfully well about the fact of victim being mentally retarded and of unsound mind, took the victim with him and further, taking disadvantage of her such condition and the loneliness, forcefully raped her twice and thereby, committed the alleged offence against him, for which a complaint came to be lodged.

(3.) We have heard Ms. C.M. Shah, learned Additional Public Prosecutor for the State and Mr. L.R. Pathan, learned advocate for the accused.