JASHUBHAI BHAYLALBHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure, is directed against judgment and order dated 30.11.2012 passed by the learned Sessions Judge, Vadodara, in Sessions Case No.231 of 2011, by which learned Sessions Judge has convicted the appellant - accused and has ordered to undergo sentence of 10 years rigorous imprisonment and to pay a fine of Rs.60,000/- (out of the same, Rs.50,000/- to be paid to the victim towards compensation), in default, to further undergo rigorous imprisonment for two years, for the offence punishable under Section 376(2) (Chh) of the Indian Penal Code. Learned Sessions Judge further ordered the appellant to undergo imprisonment for one month and to pay fine of Rs.50/-, in default, to undergo 2 days simple imprisonment.

(2.) Brief case of the prosecution is that the complainant namely Sadaben Teenabhai Mali lodged complaint by stating that on 4.7.2011, at around 17 Hrs. when her minor daughter had gone for taking milk at the house of the appellant, the appellant had forcefully committed rape on her minor daughter and caused injuries on her private part. After due investigation charge-sheeted the accused for the offences under Sections 373 and 323 of the Indian Penal Code against the appellant. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) The prosecution has also produced several documentary evidence on record to prove the case against the accused.