BHARAT RATILAL RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeals assail the judgment and order dated 12/01/2016, passed by the learned Additional Sessions Judge, Court No. 14, City Sessions Court, Ahmedabad in Sessions Case No. 176 of 2014, whereby, the original accused came to be convicted for the offences punishable under Sections 363, 365, 376 r/w. 511 and 114 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced as under:

(2.) Facts of the case in nutshell are that on 27/08/2012 at about 8:00 p.m., when the victim was going by walk to Gayatri Hospital where her mother was serving, for getting money, at that time, the accused, residents of Ram colony, near Nava Vadaj, allegedly came on a motorcycle and stopped her and since the victim did not stop as was not knowing them, they get down from the bike; the original accused No. 1 told her as to why she did not love him to which, the victim replied as to why you were harassing her although she was not knowing them and hence, the original accused Nos. 2 and 3 caught hold her and since she started shouting, the original accused No. 2 gaged her mouth whereas, the accused No. 3 caught her hands; the accused No. 1 started the bike and forcefully got her to sit and thereafter, took her to a disused place and told her that they were to kidnap her; they also told her that they were going to rape her and accordingly, the original accused No. 2 caught her hairs, the original accused No. 3 caught her hands and hence, the victim started shouting due to which, the people residing in the near vicinity gathered and caught the accused. The accused thus committed the offence alleged against them, for which, a complaint came to be lodged.

(3.) It is reported that original accused No. 2 - Kamlesh Shankarbhai Makwana has not filed any appeal against conviction.