RAJESHBHAI KARSANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants - convicts have preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by learned Joint District Judge and Addl. Sessions Judge Fast Track Court), Bharuch on 30-8-2002 in Sessions Case No. 57 of 2001 convicting them for the offence punishable u/s 366, 376, 376 (2 (g) of the I. P. Code and sentencing them to undergo various imprisonments for the offence charged against them.

(2.) IN brief the prosecution case was that on 23-10-2000 at about 9-00 p. m. when the victim went in vada on the back side of her house, the accused abducted her by tying her mouth and took her towards Kichwada village on Rajdoot motor-cycle and accused Amreshbhai and Kamleshbhai caught hold of her and accused Rajeshbhai committed rape on her.

(3.) ON the basis of the first information report lodged by the victim, offence was registered and investigation was started. At the end of investigation charge sheet was laid against the accused for the offence punishable u/ss 363, 366, 375, 376 (2) (g) and 114 of the I. P. Code As the case was triable by Sessions Court, the case was committed to Sessions Court, Bharuch and it was registered as Sessions Cases No. 57 of 2001. Learned Addl. Sessions Judge, Bharuch framed charge Exh. 3 for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried. Therefore the prosecution adduced evidence.