GALUBHAI BABUBHAI HALPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, in this appeal, came to be convicted by the Sessions Court, Navsari, for the offences punishable under Sections 376 and 323 of the Indian Penal Code, by judgment rendered in Sessions Case No. 37/2004 on 28th October, 2004. The appellant was sentenced to undergo R. I for a period of ten years and to pay a fine of Rs. 200/-, in default, to undergo S. I for one month for the offence punishable under Section 376 IPC. He was ordered to undergo S. I for six months and to pay a fine of Rs. 200/-, in default, S. I for one month, for the offence punishable under Section 323 IPC. Both the sentences were ordered to run concurrently.

(2.) THE case of the prosecution, in short, is that the appellant is the foster-father of the victim, who is congenitally deaf and dumb. According to the prosecution, her mother, the complainant, came to reside with the appellant along with the victim, after the death of her husband Rameshbhai. It is the case of the prosecution that the appellant committed rape on the victim on various occasions, as a result of which, she became pregnant. Deviben, mother of the victim, therefore, lodged F. I. R. , with the Navsari (Rural) Police Station on 25. 5. 2004 to the above effect, on the basis of which, offence was registered at C. R. No. I. 91/2004 and investigated. Upon investigation, police having found sufficient evidence, filed charge sheet against the appellant in the Court of learned J. M. F. C. ,navsari, who, in turn, committed the case to the Court of Sessions and Sessions Case No. 37/2004 came to be registered.

(3.) THE charge against the appellant was framed at Exh. 2 for the offences punishable under Sections 376, 323 and 506 (2) of the Indian Penal Code, to which the appellant-accused pleaded not guilty and claimed to be tried. 3. 1 After considering the evidence led by the prosecution, the trial Court came to the conclusion that the prosecution was successful in establishing the charges for the offences punishable under Sections 376 and 323 IPC and recorded conviction and sentence, as stated hereinabove. It is against this judgment and order that this appeal is preferred by the convict.