RIYAJSHA RAFIQSHAH DIVAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the Ld. Additional Sessions Judge (Special Judge - POCSO), Anand in Special (POCSO) Case No.34 of 2014 dated 14.09.2015. By the impugned judgment, the learned Sessions Judge has held that the accused - the present appellant is convicted for having committed the offences under Sections 376, 452, 506(2) of the Indian Penal Code 1860 and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012. The appellant accused is sentenced to undergo the imprisonment, along with fine, the details of which are as under.

(2.) Heard Mr. Madansingh Barod, learned advocate for the appellant - accused (through the Gujarat High Court Legal Services Committee) and Mr. Rashesh Rindani, learned Additional Public Prosecutor for the respondent - State. Both the learned advocates have taken this Court, extensively, through the paper book, with specific reference to the material evidence. This Court has considered the original record before the Sessions Court.

(3.) The complainant - victim is aged about 13 years and 3 months. As per the complainant and the prosecution story, on 20.12.2012, at around 9.00 to 9.30 in the morning, when the complainant was closing the door of her house, the appellant accused came and caught her hands and pushed her into her house and closed the door from inside and put the cloth on the mouth of the complainant and raped her. After that, the accused threatened her that if she would tell this to any one, he (the accused) would kill her grandfather, grandmother and the prosecutrix herself. This complaint was given on 21.12.2011 at about 9.00 pm, which led to registration of FIR (Exh.8). The accused was arrested, put to trial and conviction is recorded, which is under challenge.