ARVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence dtd. 15/9/2015 passed by the learned Additional Sessions Judge and Special Judge, Panchmahal at Godhra in Special Case No. 24 of 2014 under the Protection of Children from Sexual Offences Act (POCSO Act), the appellant-accused has been convicted of offences punishable under Sec. 376(2)(i)(d) read with Sec. 114 of the Indian Penal Code, 1860 (IPC), Ss. 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The learned Sessions Court sentenced the appellant-accused to undergo Rigorous Imprisonment for life and fine of Rs.50,000.00 with default stipulation, and in the alternative, Rigorous Imprisonment for 10 years and fine. Consequently, the appellant-accused has preferred the present Criminal Appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (CrPC), challenging the said conviction and sentence.

(2.) The brief facts that have given rise to the filing of the present appeal are comprehensively set out as follows:

(3.) During the course of the trial proceedings, the prosecution examined comprehensive oral and documentary evidence to establish the guilt of the appellant-accused. The evidence included the testimony of the prosecutrix herself, medical evidence from examining doctors, forensic evidence from laboratory analysis, and testimony from investigating officers and other relevant witnesses to substantiate the charges framed against the accused.