CHUNILAL FATIYABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred under sec. 374 of CrPC and directed against the judgment passed in Sessions Case No. 88/2001 by the learned Addl. Sessions Judge, Bharuch imposing sentence on the appellant accused for the offence punishable under sec. 363 of IPC for 7 years R/I and fine of Rs. 500/-, in default, S/I for one month, under sec. 366 of IPC for 10 years R/I and fine of Rs. 1000/-, in default, S/I for two months and under sec. 376 of IPC R/I for 10 years and fine of Rs. 1000/-, in default, S/I for two months. It is held by the learned Addl. Sessions Judge that the sentence imposed shall run concurrently.

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

(3.) As per the prosecution case, on 20.5.2000 at about 6.00 O'clock in the morning , the appellant induced prosecutrix, aged 17 years of village Avidha and took her from the lawful custody of her parents with a view to commit illicit intercourse with her and, thereby he has committed the offence punishable under sec. 363 and 366 of IPC. After inducing her, the accused took the prosecutrix to various places and repeatedly committed rape on her and, thereby, he has also committed the offence punishable under sec. 376 of IPC. The complaint was given by the father of the prosecutrix on 5.7.2000 to the Jaghadia Police Station. On the strength of the complaint given by the Sukhdevbhai, offence was registered under sec. 363, 366 and 376 of IPC. The place where the actual rape was committed was visited by the Investigating Officer and the panchnama with regard to the place of incident was prepared in the presence of panch witnesses. The statements of the witnesses were recorded from the neighbourhood. The statement of the victim was also recorded. The clothes put on by the victim as well as appellant were seized and panchnama in that regard was prepared. The victim as well as accused were taken to the hospital for the purpose of examination. After obtaining necessary certificate from the hospital, the mudammal was sent along with the samples of blood and sample of semen to the FSL for the purpose of detailed analysis. On receipt of the FSL report and other material in the case, the appellant was charge-sheeted and arrested on 6.7.2000 at about 14.10 hrs and produced before the ld. Judicial Magistrate First Class, Jaghadia, who sent him to judicial custody. The appellant thereafter preferred Criminal Misc. Application No. 566 of 2000 and was released on bail by the Court. As the matter was triable by the Sessions Court, the learned Judicial Magistrate First Class, Jaghadia under sec. 209 of CrPC made over the case on 27.3.2001 to the Sessions Court, Bharuch. The charge against the appellant has been framed vide Exh. 1 for the offences punishable under sec. 363, 366 and 376 of IPC and appellant pleaded not guilty to the charge levelled against him, therefore, the matter was set down for full-fledge trial before the Sessions Court.