DAHYABHAI NARANBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 389 of the Code of Criminal Procedure, 1973 for seeking suspension of sentence.

(2.) Since the main appeal against the order of conviction and sentence is adjudicated by this Court and awaits further adjudication, we will not enter into larger question and deal with present application for suspension of sentence and bail.

(3.) The case of the prosecution in brief is that on 19th July, 2010, the prosecutrix when was at her home and while parents, brother and sister had gone to field at about 5-00 PM, the applicants came to the residence and on being asked, they said that they want to purchase buffalo and therefore she was asked to show the field, at that time, when they were going to route, the applicant no.1 caught hold her and applicant no.2 has closed the mouth and she was forced to sit in a car and thereafter, by administered the threats of being killed, she was driven to Radhanpur, and thereafter, she was taken to various places as detailed out in the complaint, after taking her, in such manner, she was taken to various places to Bhuj, Junagadh and then was nabbed at village: Gajnipur, where the prosecutrix's elder person of the family has taken her back and it was the case of the prosecutrix that during these places, where she was taken, both the accused persons have established physical relationship against her will and thereby committed an offence. It is in this background, the complaint came to be filed by the prosecutrix. The said complaint came to be investigated, which was registered as I.CR. No. 37 of 2010 with Bhildi Police Station, in which, after investigation, a charge-sheet also came to be filed and after carrying out the process, the case was registered for the offences punishable under Sections 363, 366, 384, 376(2), 506(2) and 114 of the IPC. After conducting the entire trial against the accused persons, the case was then disposed of by learned 2nd Additional Sessions Judge, Banaskantha vide judgment and order dated 4.1.2017, whereby, both the accused held guilty of the offences punishable under Sections 376(2)(g) and thereby, sentenced them to imprisonment for life and it is against this judgment and order, Criminal Appeal came to be filed, which appears to have been admitted by this Court on 9th March, 2017.