DEVENDRABHAI BUDHIYABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal under Section 374 of the Code of Criminal Procedure, 1973 is directed against the impugned judgment and order rendered in Sessions Case No. 8 of 2003 by the District and Sessions Court, Tapi at Vyara dated 19.10.2013 recording the conviction of the Appellant - Accused for the offence under Sections 376 and 452 of the Indian Penal Code imposing the sentence and fine as stated in detail in the impugned judgment and order.

(2.) As it transpires from the material and evidence on record, when the complainant victim was slipping at her house on 8.8.2012 after attending her domestic work, at about 11:30 at night, the Appellant Accused (son-in-law) is said to have came and gagged her and thereafter committed the offence of rape. When the son of the victim came from outside, the Appellant Accused is said to have ran away and therefore on the next day morning the Sarpanch was called and thereafter the complaint was lodged being FIR No. 160 of 2012 with Vyara Police Station for the alleged offence under Section 376 IPC.

(3.) As the offence is triable by the Court of Sessions, the Court of Sessions proceeded with the trial after it was committed by the Court of Magistrate.