THAKOR PRADHANJI DHIRAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the judgment impugned judgment and order rendered in Sessions Case No. 76 of 2009 by the learned Sessions Judge, Paten dated 27.4.2010 recording conviction of the Appellant/Accused for the offence under Sections 376, 323, 506(2) of the Indian Penal Code and imposing the sentence as stated in detail in the impugned judgment and order.

(2.) As it transpires from the material and evidence on record, on 25.10.2009, the complainant victim was passing through the field for going to the village for some article, at that time, the Appellant Accused was hiding near the field, dragged the complainant victim and committed the offence of rape and also threatened that if she inform to somebody, her husband would be murdered. Therefore on the next day, the complaint came to be lodged by the complainant being FIR No. 104/2009 with the Harij Police Station for the offence under Sections 376, 323, 506 of the IPC wherein she has narrated about the other fact that the accused was eying on her since about six months. The accused would look at her and make a comment whenever she was passing and in fact made an attempt of rape when she was alone in the house in the village.

(3.) After the investigation was over, the charge sheet was filed. However, as the offence was triable by the Court of Sessions, it was committed to the Court of Sessions.