KANUBHAI RAMABHAI SODHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appeal arises out of judgment and order dated 16-6-1997 passed by learned Assistant Sessions Judge, Nadiad in Sessions Case No.90 of 1995.

(2.) The appellant was original accused. He was charged with offences punishable under Sections 376, 504 of the Indian Penal Code and Section 3 (1) (11) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Learned Additional Sessions Judge convicted the appellant only under Section 376 of the Indian Penal Code and sentenced him to rigorous imprisonment of seven years and imposed a fine of Rs.250/-. Regarding rest of the charges, he was acquitted.

(3.) As per the prosecution, the appellant committed intercourse with the victim in the night of 24th April 1995. As per the prosecution, she was less than 16 years of age on the date of the incident and even otherwise the intercourse was without her consent and against her wish.