VADERA BHIMJIBHAI KALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of the common judgment and order and hence, are decided by this common judgment.

(2.) These appeals are filed against the judgment and order dated 22.03.2005 passed by the learned Addl. Sessions Judge, Fast Track Court No.4, Sabarkantha at Himmatnagar in Sessions Case No.125/2004 whereby, both the original accused, the appellants herein, were convicted for the offences punishable u/s.363, 366 & 376 of Indian Penal Code ("IPC" for short).

(3.) The facts in a nutshell are as under; On 26.06.2004 while the survivor, who was aged below 16 years at the time when the alleged offence came to be committed, was returning home by foot after attending her tuition classes at Bhiloda, original accused no.1, who happens to be the cousin brother of survivor, arrived on a motorcycle. He was accompanied by his friend, original accused no.2 herein, who was riding pillion. Original accused no.1 informed the survivor that they were going to her residence and that she could also join them on his motorcycle if she so desires. As original accused no.1 was her cousin, the survivor too joined as pillion along with original accused no.2.