ASHOK HIRABHAI LIMBASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of a judgment and order rendered by Sessions Court Kheda, at Nadiad, in Sessions Case No. 76 of 2002, convicting the appellant for the offence of rape punishable under Section 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for ten years to pay a fine of Rs. 5000/- and, in default, to undergo further imprisonment for a period of six months. The accused was also granted benefit of set off.

(2.) THE facts of the case, in brief, are that one Kailashben Kiransinh Chauhan lodged an F. I. R. with Khambholaj Police Station alleging that the accused committed rape on her at about 5. 30 P. M. on 25th July, 2001 in the outskirts of village Rampura, while she was working in the field. The appellant happens to be the younger brother of her husband. On the basis of the F. I. R. , an offence was registered and case was investigated. The police, having found sufficient evidence against the appellant-accused, filed charge sheet in the Court of learned Judicial Magistrate, First Class, Anand, who, in turn, committed the case to the Court of Sessions and Sessions Case No. 76 of 2002 came to be registered. Charge was framed against the accused at Exhibit 23, to which he pleaded not guilty and claimed to be tried.

(3.) WE have heard learned Advocate, Mr. Buddhbhatti, appearing for the appellant and learned Additional Public Prosecutor appearing for the respondent-State.