RAMESHBHAI @ BHOLABHAI BHIKHABHAI PHOOLMALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgement and order of conviction dated 30.06.2011 passed by the 5th Additional Sessions Judge, Vadodara in Sessions Case No. 22 of 2010, whereby the appellant - accused has been convicted of the charges leveled against him u/s 363, 366 and 376 of the Indian Penal Code as well as under Section 3(1)(11), 3(2) (5) of The Atrocities Act.

(2.) The prosecution story as unfolded during the course of trial reveals that on the day of incident the accused had taken the prosecutrix was seen bleeding on her private parts and on inquiry she informed the complainant that the accused had raped her. The complainant was informed by the prosecutrix that the accused took her to a secluded place behind the school in the neighbourhood and raped her without her consent and immediately fled away from the place. A complaint was therefore registered by the complainant

(3.) Mr. Madansingh Barod, learned Counsel appearing for the appellant has fairly conceded on the part of conviction of the appellant. He has however concentrated on the sentence awarded to the appellant. Mr. Barod has submitted that the sentence awarded by the court below is on the higher side and the same may be reduced. He has submitted that this court may take a sympathetic view of the matter and reduced the sentence considering the age and financial as well as social status of the appellant.