MOTISING RATANSING SIKLIGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this Appeal filed under Section 374 of the Code of Criminal Procedure ("the Code" for short) is to the correctness of the judgment and order dated 02.05.2003 rendered in Sessions Case No.209 of 2002 by the learned Joint District and Additional Sessions Judge, 3rd Fast Track Court, Panchmahals at Dahod, by which the appellant Motising Ratansing Sikligar ("the accused" for short) has been convicted for commission of the offence punishable under Section 376 & 506 (2) of the Indian Penal Code ("IPC" for short) and sentenced to suffer RI for 10 years and fine of Rs.1,000/ - and in default thereof, SI for 3 months for the offence punishable under Section 376 of IPC and RI for 2 years and fine of Rs. 500/ - and in default thereof, SI for 15 days for the offence punishable under Section 506 (2) of the IPC. Both the substantive sentences were ordered to run concurrently.

(2.) SINCE the facts of the case have been detailed in the judgment of the learned Joint District and Additional Sessions Judge, 3rd Fast Track Court, Panchmahals at Dahod, it is not necessary for us to repeat the same all over again in verbatim and in detail in this judgment. However, the basic facts which are necessary to be discussed in this appeal are as under: -

(3.) A Complaint for the aforesaid incident was lodged by PW -7 which was reduced into writing as per the narrations given by PW -7 and beneath the same, her signature was obtained. The said complaint is on record at Exh. 18. Since the incident was taken place in Gujarat, a complaint registered at Dhar Police Station was transferred to Dahod Police Station. Panchnama of the scene of offence was drawn. Statements of the witnesses were recorded. Clothes of the prosecturix as well as accused were recovered and sent for FSL for chemical analysis.