ISARAIL @ PAHELVAN MAMAD VAKILANSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal arises out of a judgment and order dated 18.1.2003 rendered by the learned Sessions Judge, Valsad in Sessions Case No.390 of 2002.

(2.) APPELLANT herein, original accused, was charged with offence punishable under sections 376 and 452 of the Indian Penal Code. Broadly stated, prosecution case was that on 25.10.2000 when the complainant was alone in her house, the appellant who was working in a tailor shop close -by knocked at the door, forced himself inside the house and committed sexual intercourse on the complainant against her wish. He was thus charged with offence of rape as well as trespass in the house of the complainant. The learned Sessions Judge convicted the appellant for both the offences. For offence under section 376, he was sentenced to seven years of rigorous imprisonment and for offence under section 452, he was sentenced to one year of rigorous imprisonment. Both the sentences were made to run concurrently.

(3.) THE complainant who was examined as PW -1, Ex.7, stated that she along with her husband and daughter was residing in a rented house near Vrindavan studio since 15 years. Her husband was doing masonry job in the studio. On 22nd October 2000, her husband and daughter had gone to the native place. The incident took place on 25th October 2000. In the studio, there was a phone on which she received a call informing her that her husband and daughter reached safely. She thereafter came home. Since she was not well, she had lied down. At that time, she heard somebody shouting outside and kicking the door. She came out and opened the door and saw that the accused who was called as Pehelwan, whose real name she did not know, was standing outside. Accused was also working in the studio. He entered her house. When the complainant asked him why he had come, he caught her both the hands and dragged her inside the room. She struggled but could not free herself. There are only 4 houses in the neighbourhood which were not occupied. Accused lifted her saree and committed rape on her. He also inserted some object in her vagina, upon which she started bleeding and her saree had soaked with blood. She was then scared and went to the hospital. But there was no doctor there. While returning from the hospital, she had fallen down. She was therefore carried to Mamta hospital. She requested to call somebody from the studio. Sandipbhai came from there and went to call her relatives. She was thereafter shifted to Hariya hospital. When she reached there, she was not conscious. In the hospital she was operated. When she regained consciousness, police had come. The complainant had identified the accused before the Court.