ANADAJI PATAJI @ PRATAPJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the appellantoriginal accused against the judgment and order dated 5-12-2009 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Deesa, Camp at Deodar, in Sessions Case No.31 of 2009 whereby the accused has been convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.25,000/- in default, to suffer further rigorous imprisonment for one year for the offence punishable under Section 376 of Indian Penal Code (hereinafter referred to as 'IPC' for short). The accused was given set off for the period he had undergone in jail.

(2.) The case of the prosecution in short is that on 10-10-2008 at about 7 p.m. in the border of Village Sanav, when the victim-complainant was returning home with goods, the accused caught hold of her, dropped down the goods she was carrying on her head, pulled her down and without her consent and will, she was raped. A complaint was, therefore, filed by the complainant against the accused. In pursuance of said complaint, police started investigation and as there appeared prima facie case against the accused, a charge sheet was filed against him. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) We have heard learned advocate, Mr.R.G.Chhara for the appellant-accused and learned Additional Public Prosecutor, Ms.C.M.Shah for the respondentState. We have been taken through various oral as well as documentary evidences by the learned advocates for the respective parties.