LALABHAI VALJIBHAI KATARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is filed by the Appellant / Original Accused challenging the impugned judgment and order rendered in Sessions Case No. 103 of 2010 by the learned Additional Sessions Judge, Panchmahal at Godhra dated 1.2.2011, recording conviction of the Appellant / Original Accused for the offence under Section 376 of the Indian Penal Code and sentencing him to RI for 7 years and fine of Rs.20,000/- and also recording conviction for the offence under Section 342 of the Indian Penal Code and sentencing him for RI for 6 months and fine of Rs.500/- as stated in detail in the impugned judgment and order. The facts of the case briefly summarized are as follows.

(2.) On 19.3.2010 in the evening, when the victim is said to have gone to answer the call of nature, the Appellant is said to have caught her hand and forced her and threatened her with the stone that she would be killed if she does not follow him. Therefore, the victim is said to have been taken in one room meant for keeping the articles of electric motor and thereafter he is said to have committed the offence. The Accused is said to have kept her for two days and had repeated the act. When the uncle of the victim met the Accused and inquired of him sternly, the Accused is said to have ran away stating about the whereabouts of the victim and therefore she was safe. The complaint came to be filed before the Police, which has been registered as I-CR No.40/2010 with Santrampur Police Station for the offence under Sections 342, 376, 506(2) of the Indian Penal Code.

(3.) After the investigation was over, the charge sheet came to be filed. However, as the offences are triable by the court of sessions, it was committed to the court of Sessions, Godhra.