STATE OF GUJARAT Vs. MAHENDRA SUBHASHBHAI VANKHEDE

JUDGEMENT

(1.) Criminal Appeal No. 1546 of 2011 is preferred by the State of Gujarat under Section 377 of the Code of Criminal Procedure, 1973 ["CrPC" for short] against the judgment and order of sentence passed by the learned Principal District & Sessions Judge, Surat in Sessions Case No. 39 of 2010 dated 26th July 2011. Whereas, Criminal Revision Application No. 581 of 2013 is preferred by the original Complainant under Section 397 read with Section 401 CrPC for enhancement of the sentence awarded by the learned trial Judge. Since both these proceedings call in question the very judgment and order of sentence, they are heard together.

(2.) The broad essential facts, which need to be adumbrated for the decision of the present Appeal as well as Revision Application are that ­ on 11th October 2008 at about 10:20 hours, the present respondent -Mahendra Subhashbhai Vankhede alongwith another accused - Babubhai Anilbhai @ Hanifbhai Rathod induced and enticed away minor daughter of the complainant named Jyoti from Englo Vaidik Hindi Vidyalaya, Surat and taken away at various places and committed rape on her against her will and consent. Thus, both the accused persons in connivance of each other, committed heinous offence punishable under Sections 363, 366, 376, 114 IPC, and therefore, a complaint came to be lodged at Udhana Police Station, Surat which was registered as I -C.R No. 344 of 2008, moving the wheels of investigation machinery into motion.

(3.) After investigation, Police laid chargesheet before the 11th Addl. Chief Judicial Magistrate, First Class, Surat. Since the offence committed by the respondent and another co - accused was absolutely triable by the Court of learned Sessions Judge, the matter was committed to the learned Principal District & Sessions Judge, Surat and numbered as Sessions Case No. 39 of 2010.