PAPPUJI MANGHUJI GOSAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal under sec. 374 of CrPC is preferred against the judgment and order rendered by the learned Addl. Sessions Judge, 2nd Fast Track Court, Kheda at Nadiad in Sessions Case No. 174/2000, by which, the learned Judge convicted the appellant (accused) for the offences punishable under sec. 363 for a period of 4 years R/I and fine of Rs. 1000/- in default, further S/I of 4 months, under sec. 366 of IPC for a period of 5 years R/I and fine of Rs. 1500/-, in default, further S/I of 6 months and under sec. 376(2)(f) of IPC for a period of 10 years R/I and fine of Rs. 4000/-, in default, further S/I for one year. It is also observed by the learned Judge that the fine imposed on the accused be paid to the victim as compensation under sec. 357 of CrPC.

(2.) The short facts giving rise to the present appeal are as under:

(3.) It is the case of the prosecution that complainant Dharubhai Hajraji Mochi was residing in Purshottamnagar Society, House No. 103, Bakrol with his family on the date of the incident. The elder daughter of the complainant was aged about 5 years when the incident in question took place. The accused was in contact with the complainant since last six months prior to the date of the incident i.e. 29.4.2000 and, therefore, he had good relations with the complainant. On 29.4.2000 the appellant came to the house of the complainant and induced his elder daughter and took her from the lawful guardianship of her parents and thereby committed the offence under sec. 363 and 366 of IPC. After abducting minor from the lawful guardianship of her parents, the appellant committed rape on her and, thus, he has also committed the offence punishable under sec. 376 of IPC. The complaint was given by the complainant on 29.4.2000 before the PSI Vidyanagar Police Station and the offence was registered against the appellant. The officer who was entrusted with the investigation, recorded the statements of the victim as well as her parents and various persons from the neighbourhood. The place where the incident took place was visited and the panchnama in respect of the same was prepared. The clothes put on by the appellant as well as victim were recovered and the panchnama in that regard was prepared. After recovering the clothes, the same were sent to FSL for the purpose of obtaining analysis. The accused as well as victim were sent to hospital for the purpose of examination and the blood samples as well as sample of semen of the appellant were sent to the FSL for the purpose of analysis. On the receipt of the report from the FSL, the accused was charge-sheeted for the offences punishable under sec. 363, 366 and 376 of IPC and subsequently arrested. The appellant was produced before the court of Judicial Magistrate First Class, Anand on 5.7.2000 and the learned Magistrate made over the case to the Sessions Court as the case was exclusively triable by the Sessions Court. The charge against the appellant was framed vide ex. 5 for the offences punishable under sec. 363, 366 and 376 of IPC and as the appellant pleaded not guilt to the charge levelled against him, the matter was set down for full-fledged trial before the learned Addl. Sessions Judge, 2nd Fast Track Court, Kheda at Nadiad.