RAMESH BHIMRAO SINDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By consent of the parties, this appeal is ordered to be heard finally today. The appellant accused has been charged for offences under sections 376 and 324 of the Indian Penal Code on the allegation that on November 13, 1984, when the accused was moving for repair of plastic buckets, he enticed prosecutrix Nipa and took her away in the field and caused injuries in her private parts and committed rape on her. On this allegation, the prosecution led evidence and the trial Court held that the accused was guilty of having committed the offence punishable under section 376 of the Indian Penal Code as well as the offence punishable under section 324 of the Indian Penal Code. The trial Court ordered the accused to undergo imprisonment for life, for the offence section 376 of the Indian Penal Code, and also ordered him to undergo rigorous imprisonment for six months for the offence under section 324 of the Indian Penal Code, and ordered that both the sentences should run concurrently. The learned Additional Sessions Judge, Vadodara, passed the aforesaid Judgment and order of conviction and sentence on April 26, 1985 in sessions case No. 9 of 1985. It is against this judgment and order of conviction and sentence that this appeal is preferred by the appellant accused.

(2.) The learned Counsel for the appellant accused has fairly conceded that it is difficult for him to challenge the conviction of the appellant-accused. In the facts and circumstances of the case, we see good reason for the concession made by the learned counsel for the appellant accused, much more so in view of the fact that the prosecutrix is aged about 10 years only and her evidence inspires confidence, which, is supported by medical evidence and other circumstantial evidence and also by other oral evidence. In view of the concession made by the learned Counsel for the appellant accused and in view of the reasons given by learned trial Judge, we do not think it necessary to discuss this aspect further. We do not see any reason to interfere with the judgment and order of conviction passed by the learned trial Judge.

(3.) Coming to the question of sentence, the learned Counsel for the appellant-accused has submitted that though the offence alleged and proved against the appellant-accused is gruesome and the manner in which it is alleged to have been committed is likely to create disgust in the mind of the Court, while inflicting punishment on the appellant-accused the Court should be temperate and should not be guided by such considerations. It is submitted by him that the appellant-accused suffered from acute economic hardships and he eked out his living by doing work of repairing plastic buckets. He moved from village to village and with difficulty managed to maintain himself, his two children, and his wife. In his submission, on account of the tension emanating from the economic hardships and other socio-economic factors, the appellant-accused has fallen prey to human wetness and bas acted in rather unusual manner while he committed the offence of rape. It is further submitted that after the incident, the wife of the accused has deserted him, leaving behind two small children, who are now admitted in Remand Home. The counsel for the appellant- accused submitted that the send of the father are being visited upon the two children who are innocent, and the children have lost the warmth of the mother and now they would lose the warmth of the father as well, if the appellant-accused is not shown mercy and the order of sentence for life imprisonment is confirmed. We have heard the learned counsel for Respondent- State also on the point of sentence. He has not been able to controvert the facts stated by the learned counsel for the appellant-accused.