GULAMHUSAIN AHMED BAGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant herein, who was original accused no. 1 in Special Atrocity Case No. 29 of 2004, preferred this appeal challenging his conviction for the commission of offences punishable under sections 354, 377, 366 -A, 376 read with section 511 of the Indian Penal Code [IPC] and for the commission of offences punishable under sections 3 (1) 12 and 3 (2)5 of the Scheduled Castes & Scheduled Tribes [Prevention of Atrocities] Act, [hereinafter referred to as 'the Atrocity Act'] by judgment and order delivered by the learned Sessions Judge, Bharuch [hereinafter referred to as 'the Ld. Trial Judge'] on 6/6/2006 in aforesaid Special Atrocity Case No. 29 of 2004. The Ld. Trial Judge awarded sentence of rigorous imprisonment [RI] for 10 years and fine of Rs.2,000/ -, in default to undergo further simple imprisonment for 2 months in connection with all the above referred offences. By virtue of the impugned judgment and order, the original accused no. 2 - Mohmed Gulamnabi Shah came to be acquitted.

(2.) THE prosecution case, in nutshell, is as under : -

(3.) THE Ld. Trial Judge framed charge against the appellant - accused as well as co -accused Mohmed Gulamnabi at exh. 7 for the offences punishable under sections 366 -A, 376 and 506 (2) IPC and for the offences punishable under sections 3 (1) 12 and 3 (2)5 of the Atrocity Act. As the accused did not plead guilty and claimed to be tried, the prosecution adduced its oral and documentary evidence. After completion of the evidence, the Ld. Trial Judge recorded further statements of the accused under section 313 of the Criminal Procedure Code wherein the accused denied generally all the allegations levelled against him by the prosecution and stated that he was falsely implicated in this case as he had disputes with the complainant. After appreciating the evidence on record and after considering the arguments advanced on behalf of both the parties, the Ld. Trial Judge convicted the present appellant - accused for the offences punishable under sections 354, 377, 366 -A, 376 read with section 511 of the IPC and for the offences punishable under sections 3 (1) 12 and 3 (2)5 of the Atrocity Act and awarded collective sentence in connection with all the aforesaid offences as described hereinabove. Hence, the original accused no. 1 preferred this appeal.