NARVATBHAI SHANKARBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 296 of 2011 is filed by the Appellant -Narvatbhai Shankarbhai Bariya (Original Accused No. 5) whereas Criminal Appeal No. 374 of 2011 is filed by the Appellant -Jaswantbhai Balvantbhai Bariya (Original Accused No. 1), challenging the impugned judgment and order rendered in Sessions Case No. 124 of 2007 by the learned Additional Sessions Judge, Dahod dated 17.4.2010 recording conviction of both the Appellants (Original Accused No. 5 and Original Accused No. 1 in Sessions Case No. 124 of 2007) as stated in detail in the impugned judgment and order.

(2.) On 30.3.2007 when the father and mother of the victim -complainant had gone to the field for looking after the harvested crops and the victim - complainant was slipping in the courtyard of the house with her brother, sister, grandfather and grandmother at some distance, somebody had gagged her mouth with the handkerchief. The victim - complainant saw the Appellant (Original Accused No. 1 - Jawantbhai Balvantbhai Bariya), who was standing near her cot, lifted her from the cot and taken her away, and thereafter she was threatened that if she raises any shout, she should would be killed. He has taken her to a small hut. Appellant/Original Accused No. 1 - Jawantbhai is said to have committed rape on her after the Appellant (Original Accused No. 5 - Narvatbhai Shankarbhai Bariya) locked the house from outside and went away. It is stated that she had taken out the cloth gagged in her mouth and had shouted for help, but, as it was a deserted place near the bushes and jungle, without any houses around, she could not get any support. On the next day also the Appellant/Original Accused No. 5 - Narvatbhai had brought the food and after delivering the same, he had gone away by locking the door from outside. On that day also the Appellant/Original Accused No. 1 - Jaswantbhai committed rape on her twice against her will and thereafter at late night about 3:00 am the other accused persons and Accused No. 5 - Navratbhai had opened the lock and they had taken her to village matana palla where her aunt was residing and had left near the house of the aunt. Therefore, she went to the aunt and conveyed her what is transpired and lodged the complaint which has been registered as FIR being I -CR No. 68/2007 with Limkheda Police Station, for the offence under Ss. 363, 366, 376, 342, 506 and 114 of the Indian Penal Code.

(3.) After the investigation was over, the charge sheet came to be filed. As the charges are triable by the Court of Sessions, it was committed to the Court of Sessions.