BAKULBHAI CHIMANBHAI CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred under the provisions of Section 374 of the Code of Criminal Procedure by the appellant-accused who has been held guilty of the charge of the offence punishable under Section 376 of the Indian Penal Code. The judgment and order of conviction and sentence has been passed in Sessions Case No.49 of 2002 on 29th August, 2003 by the learned Additional Sessions Judge, Vyara whereby the appellant-accused was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.500/- in default of payment of fine to undergo three months rigorous imprisonment.

(2.) The appellant-accused has been represented by Ms.Nita Banker, who has been appointed by the High Court and has argued at length whereas the respondent-State has been represented by Ms.Pandit, learned A.P.P., who has also made her submission.

(3.) According to case of prosecution which mainly rests on the evidence of the witnesses that is victim and her husband that on the date of incident, that is, 25th May, 2002 the victim was aged about 34 years and accused was also of the same age. It is in evidence that both were knowing each other. Because the victim has admitted in her deposition that the house of the accused is in the same area where the victim house is located and on the date of incident she had been to lunch organize by one Anilbhai but the victim has not expected that the appellant-accused was also there in the function. It is clear from the evidence of the victim that this Anilbhai was common family friend of the victim and the appellant-accused. So considering the totality and other aspects into account and when the learned trial Judge has found the version of the victim trustworthy to the incident this is not a case of consent. It is also submitted that the appellant-accused does not press this appeal so far as the order of conviction is concerned. But her say is that point of quantum of punishment should be considered keeping in mind the nature of evidence led by prosecution while linking the accused with the crime.