STATE OF GUJARAT Vs. PATEL SHAVJI CHHAGAN

JUDGEMENT

(1.) THIS appeal arise out of the judgment and order dated 31st December, 1984 rendered by the learned Sessions Judge, Surendranagar in Sessions Case No. 52 of 1984.

(2.) THE opponent is original accused who was charged with offences punishable under Section 376, 323 and 504 of the Indian Penal Code. He was, though, acquitted for offences punishable under Section 323 and 504 of the Indian Penal Code was convicted for the offence punishable under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1,000/ - and in case of default to undergo further imprisonment for six months.

(3.) AS per the charge Exhibit -4 framed against the appellant, the prosecution case was that on 06.04.1984, the prosecutrix aged below eighteen years was attacked by the opponent and that the appellant committed forcible intercourse on her with the help of a child accused and thereby committed offences as mentioned above.