VINODBHAI ALIAS VINNA KUKABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, who was original accused no. 1 in Sessions Case No. 145 of 2003, preferred this appeal. By judgment and order rendered by the Ld. Addl. Sessions Judge, Ahmedabad [rural] [for short 'the Ld. Trial Judge'] on 12/2/2004 in Sessions Case No. 145 of 2003, present appellant accused came to be convicted for the offences punishable under section 376 and 452 of the Indian Penal Code [for short 'ipc'] and was sentenced to undergo rigorous imprisonment [ri] for 10 years and fine of Rs. 5,000/-, in default to further undergo simple imprisonment [si] for one month for offence punishable under section 376 of the IPC and RI for one year and fine of Rs. 500/-, in default to further undergo SI for one month for the offence punishable under section 452 of the IPC. However, both the sentences were directed to run concurrently. The appellant accused was acquitted for the offences punishable under section 324 read with section 114 of the IPC and section 135 of the Bombay Police Act. The remaining 2 accused persons original accused nos. 2 and 3 came to be acquitted from all the chages levelled against them.

(2.) THE prosecution case, in nut-shell, is as under :-2. 1. On 19/3/2003 at about 15. 30 hours Sitaben, daughter of Babulal Ramlal, aged about 16 years was sleeping in her house situated in Rajivnagar, Satellite, Ahmedabad. She was all alone in the house. It is alleged that at that time, the appellant accused entered into the house with intend to causing hurt and for assaulting her and with a view to rape her and thereby committed house trespass. It is alleged that the accused raped Sitaben after undressing her. It is further alleged that when the witness Rambahadur and Rajjan tried to rebuke the accused, at that time the appellant accused along with original accused nos. 2 and 3 assaulted both the witnesses and caused injuries to them with lethal weapons. Sitaben Babubhai lodged FIR before Satellite Police Station, Ahmedabad, which came to be registered by the police. Police commenced investigation. During the course of investigation, statements of material witnesses were recorded. In presence of panchas, panchnamas were drawn and the clothes of the victim Sitaben and the appellant accused were seized. Medical examination of the victim and the accused was performed. After collecting necessary evidence, the police filed charge-sheet in the Court of the Ld. Judicial Magistrate First Class, Ahmedabad [rural]. As the offence punishable under section 376 of the IPC was exclusively triable by the Court of Sessions, the Ld. Magistrate committed the case to the Court of Sessions, Ahmedabad [rural], which was registered as Sessions Case No. 145/2003.

(3.) THE Ld. Trial Judge framed charge against the present appellant accused as well as the original accused nos. 2 and 3 at exh. 5. Along with the appellant accused, all the accused persons did not plead guilty and claimed to be tried. Thereupon, prosecution adduced its oral and documentary evidence. After the conclusion of the evidence, Ld. Trial Judge recorded further statements under section 313 of the Code of Criminal Procedure [cr. P. C], to which the appellant accused generally denied all the allegations levelled against him by the prosecution and stated that he was in love with Sitaben and her mother was knowing it, but her father and brother compelled Sitaben to lodge the FIR against him. After appreciating the evidence on record and after considering the arguments advanced on behalf of both the sides, the Ld. Trial Judge delivered the impugned judgment and order and recorded the conviction of the appellant accused for the offence punishable under sections 376 and 452 of the IPC and awarded sentence as hereinabove referred to. By the same judgment and order, the Ld. Trial Judge was pleased to acquit the original accused nos. 2 and 3.