ABDULBHAI ISAKBHAI MIYANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the judgment and order rendered in Sessions Case No. 28 of 2012 by the learned Sessions Judge, Surendranagar dated 8.8.2012 recording conviction of the Appellant Accused for the offence under Sections 376, 506(2) of the Indian Penal Code imposing the sentence as stated in detail in the judgment and order. The facts of the case briefly summarized are as follows.

(2.) As it transpires from the record that on 14.1.2012 at about 6:30 PM when the victim had gone to answer the natural call in the compound of the Jilla Panchayat Office known as Pathik Ashram, which is a lonely area, the Appellant/Accused had dragged her in the bushes, gagged her mouth, overpowered her and committed the offence of rape. Therefore the complaint came to be filed which is registered as FIR No. 9/2012 with Surendranagar City Police Station for the offence under Sections 376, 323, 504 and 506(2) of IPC.

(3.) After the investigation was over the charge sheet was filed and as the offence under Section 376 IPC is triable by the Court of Sessions, the learned Sessions Judge, Surendranagar framed the charges for the offence and proceeded with the trial.