RAVI CHOTELAL BHAGAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 23/06/2016, passed by the learned 4th Additional Sessions Judge, Bhuj Kachchh, in Sessions Case No. 59 of 2013, whereby, while acquitting the appellant ­ original accused for the offence punishable under Section 376 of the Indian Penal Code, 1860 (for brevity, 'the IPC'), he has been convicted for the offences punishable under Sections 354, 506(2) and 511 of the IPC and sentenced to undergo rigorous imprisonment for three years and fine of Rs.5,000/ and in default of payment of fine, to undergo, further rigorous imprisonment for six months. Whereas, Criminal Misc. Application No. 16529 of 2016 has been filed by the applicant appellant praying for suspension of sentence pending appeal.

(2.) On 15/07/2016, following orders were passed in the present appeal as well as the Criminal Misc. Application, respectively:

(3.) Facts in nutshell of the prosecution case are that prior to 13/03/2000 at about 14:00 hours and after 510 days of Navratri, the appellant herein ­ original accused, allegedly took away the victim, the minor daughter of complainant Selviben Ganesh Rajput, saying her that police have arrested her brother, to an isolated place with an intention to outrage her modesty and thereafter, molested her by removing clothes put on by her and when the victim started crying, the accused fled away from there along with other absconding accused, threatening the victim not to disclose anybody about the same else he would kill her. Thus, the appellant ­ accused committed the offence alleged against him, for which, a complaint came to be lodged for the offences punishable under Sections 354, 376, 506(2) and 114 of the IPC. For the sake of convenience, the parties herein are referred as per their original status.