DASHRATHBHAI SHANKERBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, who was the original accused in Sessions Case No. 122/2002, has preferred this appeal challenging his conviction recorded by the learned Presiding Officer, FTC-2, Ahmedabad (Rural), on 6. 5. 2003, for the commission of the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code.

(2.) THE appellant-accused came to be convicted and sentenced to undergo R. I for four years and fine of Rs. 500/-, in default to undergo S. I for three months for the offence punishable under Section 363 IPC, and R. I for five years and fine of Rs. 500/-, in default, to undergo S. I for three months, for the offence punishable under Section 366 IPC, and R. I for seven years and three months, and fine of Rs. 500/-, in default, to undergo S. I for three months, for the offence punishable under Section 376 IPC. All the sentences were ordered to run concurrently.

(3.) THE prosecution case, in brief, is that on 23. 12. 2001 at about 23. 00 hours, during the night, while victim Gitaben, aged 15 years, daughter of first informant Naraji Hiraji, was sleeping inside her house, situated in village Chosar, Taluka : Dascroi, District : Ahmedabad, the appellant-accused kidnapped her from the lawful guardianship of the first informant, with a view to rape her. It is alleged that the accused took Gitaben to different places and she was raped by the appellant-accused. In connection with this offence, Naraji Hiraji, the father of Gitaben, lodged FIR before Vatva Police Station, which was registered by the police. The investigation was commenced. Police recorded statements of material witnesses. Victim Gitaben and the accused were sent to Hospital for their medical examination. The clothes of the victim and that of the accused were recovered by drawing necessary panchnamas. After collecting the relevant evidence, police filed charge-sheet in the Court of learned J. M. F. C. , Ahmedabad (Rural ). As the offence punishable under Section 376 IPC is exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions, Ahmedabad (Rural ).