DALATBHAI PREMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant ('the accused' for short) was charged and tried by the learned Additional Sessions Judge, Surat, in Special Case No.5 of 2001 for commission of the offences punishable under Sections 306, 376 (2) (b), 376B and 506 (1) of the Indian Penal Code ('IPC' for short) and under Section 3 (1) (xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Atrocities Act' for short) on the accusation that he had forcibly committed rape on the victim deceased prosecutrix Ramilaben, who belonged to Scheduled Caste, gave criminal intimidation and abetted her to commit suicide. At the end of the trial, as the prosecution has not been able to establish the offence of abetment to commit suicide under Section 306 IPC against the accused, he has been acquitted of the said offence whereas the accused was found guilty of other offences with which he was charged, he has been convicted vide judgment and order dated 12.12.2001 and sentenced to suffer R.I. for ten years and fine of Rs.500/ - i.d., S.I. for 3 months for the offence under Section 376 (2) (b) IPC, R.I. for two years and fine of Rs.500/ - i.d., S.I. for 3 months for the offence under Section 376B IPC, S.I. for 3 months and fine of Rs.300/ - i.d., S.I. for 15 days for the offence under Section 506 (1) IPC and R.I. for 6 months and fine of Rs.500/ - i.d., S.I. for 1 month for the offence under Section 3 (1) (xii) of the Atrocities Act. It has also been ordered that all the substantive sentences shall run concurrently.

(2.) SINCE the facts of the case have been detailed in the judgment of the trial court, 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, as disclosed from the FIR and the dying declaration and unfolded during the trial, are as under:

(3.) THE prosecution case has begun from the dying declaration dated 7.11.2000 recorded by the Executive Magistrate and pursuant thereto a complaint was lodged. The said dying declaration is at Ex.15 and the said complaint is at Ex.24. In the said complaint it is, inter alia, alleged that the deceased Ramilaben Ramjibhai was employed as a labourer in the agriculture farm situated at Athwa Lines, Surat. It is alleged that Ramjibhai, husband of deceased Ramilaben, was employed as a watchman in the said farm before three years.