RABARI SOMABHAI KARSANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals preferred under sec. 374(2) of CrPC against the judgment rendered by the learned Addl. Sessions Judge, 2nd Fast Track Court, Mehsana in Sessions Case No. 2/2003, are disposed of by this common judgment as they arise out of Sessions Case No. 2/2003. The ld. Judge convicted the appellant No. 1 and imposed the sentence of 10 years R/I and fine of Rs. 1000/-, in default, further R/I of one month under sec. 376 of IPC and one month's R/I and fine of Rs. 200/-, in default, 10 days R/I under sec. 506(2) of IPC. While the appellant no. 2 has been convicted for the offence punishable under section 376 of IPC and imposed the sentence of 10 years R/I and fine of Rs. 1000/-, in default, one year R/I. It is also observed by the learned Judge that the sentence imposed on both the appellants shall run concurrently.

(2.) The short facts giving rise to both these appeals are as under:

(3.) As per the prosecution case, the incident in question took place prior to six months from 4.9.2002. The victim was of the tender age and returning from the field to her house at 3.00pm in the afternoon. When she was passing from the well of Ramabhai Chaudhari, the appellant no. 1 Rabari Somabhai Karsanbhai caught hold of her gaged her mouth and committed rape on her against her will and desire. He again committed rape on the victim after 4 days. Again after fortnight he gave threat to the victim and committed rape on her against her desire. Likewise, the appellant no. 2 Thakore Parbatji Velaji also committed rape on victim when she was going to answer the call of nature. The rape was committed by the appellant no. 2 against her will and desire. The complaint was given by the victim on 4.9.2002 to the Police Sub Inspector, Satlasna. On the strength of the complaint given by the victim, the place where the rape was committed was visited and the panchnama with regard to the place of incident was prepared in the presence of panch witnesses. The mudammal article was seized during the course of investigation and the same was sent to FSL for analysis. Both, the victim and accused were sent for medical examination. The statements of the witnesses from the neighbourhood was recorded during the course of investigation. On the receipt of the report from the FSL and after obtaining the medical certificate of the victim and the appellants, both the appellants were charge-sheeted and produced before the Ld. Judicial Magistrate First Class, who in turn, committed the case to the Sessions Court under sec. 209 of CrPC as the case was exclusively triable by the Sessions Court. The prosecution has examined following witnesses in order to prove the guilt of the appellants in the commission of the offence.