MANIYABHAI MANA BHAI UMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT Appeal is preferred by`````` the Appellant under Section 374 of the Code of Criminal Procedure, 1973, against the judgment and order delivered by additional Sessions Judge, Fast Track court, Panchmahals, Godhra, on 11th of september, 2003, in Session Case No. 127 of 2003, whereby the present appellant, being accused of the said case, came to be convicted for the offence punishable under Section 376 (2) (f) of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of 10 years and to pay fine of rs. 2,000/-, in default to undergo simple imprisonment of 15 days.

(2.) SHORT facts leading to conviction and sentence of the appellant are as under : victim, aged about 10 years, residing at village Bilvaniya, Taluka Morwa, at about 3. 00 p. m. had been to grazing her cattle. At about 4. 00 p. m. for drinking water, she went to the house of the accused, which was nearby. The accused was all alone in the house at that time and the victim asked for water for drinking. The accused instead of offering her water, caught her and dragged her to his house and forcibly committed rape upon the victim. She started bleeding from her private part. She reached at her residence and narrated this incident to the mother. Her mother found out father of the victim and at about 21. 15 hours and thereafter they reached at Morwa Police Station and victim offered complaint before PSI hirabhai Valabhai Rathod. The victim was sent to Government Hospital at Godhra, where she was examined by Dr. Ramchandra kodarji Chouhan and found that the victim was badly ravished. Other Dr. L. M. Chandana also examined the victim and found tears on her private part. On registration of crime, a charge sheet came to be filed against the accused and the case was committed to the Court of Sessions, which was registered as Sessions Case No. 127 of 2003. The said Sessions Case made over to additional Sessions Judge and Fast Track court at Godhra and the said Trial Court framed charges against accused vide exhibit-2 on 13th of June. 2003, to which accused denied and, therefore, he was put to trial.

(3.) PROSECUTION examined as many as 11 witnesses to prove its case and thereafter further statement of the accused under section 313 of the Code of Criminal Procedure was recorded by the Trial Judge. The accused also examined defence witness ganpatsinh Gebhabhai Tintor at Exhibit-44 and the defence of the accused was that on account of enmity of election, a false complaint was filed against him.