(1.) THE challenge in this appeal is to the judgment and order rendered by learned Additional Sessions Judge, Fast Track Court, Nadiad on dated 19. 7. 2005 in Sessions Case No. 89 of 2001. By virtue of the impugned judgment and order, the learned trial Judge convicted all the four appellants, who were original accused in the aforesaid sessions case for the offences punishable under Sections 363, 366 and 376 r/w. Section 114 of the Indian Penal Code (IPC", for short) and each accused was sentenced to undergo rigorous imprisonment for 5 years and fine of Rs. 2000/-, in default to further undergo simple imprisonment for one year for the offences punishable under Sections 363 and 366 of the IPC and rigorous imprisonment for 10 years and fine of Rs. 5000/-, in default to further undergo simple imprisonment for 2 years for the offence punishable under Section 376 of the IPC. The appellants accused were acquitted from the charge of offence punishable under Section 201 r/w. Section 114 of the IPC.
(2.) THE prosecution case in nutshell is as under:-On dated 3. 7. 2000, at about 11 p. m. , during night hours, Rashmi, aged about 4-1/2 years was sleeping on a cot along with her parents in the house situated at village Mithanamuvada, Tal. Thasra, Dist. Kheda. It is the case of the prosecution that at that time the four accused persons kidnapped Rashmi, with intent to rape her and she was taken to outskirts of the village, near a pond and all the four accused persons committed sexual intercourse on the girl Rashmi and gang-raped her. It is further the case of the prosecution that with a view to destroy the evidence, the accused persons removed all the clothes from the body of Rashmi and they washed their own clothes. Mangalbhai Rathod, father of Rashmi lodged FIR in connection with this offence in Thasra Police Station. The FIR was registered and the police commenced investigation. Statements of material witnesses were recorded. Necessary panchnamas were drawn in presence of Panch witness. Clothes of the accused persons were recovered by drawing panchnama. Medical examination of Rashmi was conducted and necessary certificates were obtained by the police. Clothes etc. were sent to Forensic Science Laboratory (FSL", for short) for due analysis. Accused persons were arrested. After completion of the investigation, the police filed chargesheet in the Court of learned JMFC, Thasra. As the offence was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions, Kheda at Nadiad, which was registered as Sessions Case No. 89 of 2001 and the said case came to be transferred to the Court of learned trial Judge for trial in accordance with law. The learned trial Judge framed charge at Exh. 30 against all the four accused persons for the offences punishable under Sections 363, 366, 376, 201 r/w. Section 114 of the IPC. As the accused did not plead guilty and claimed to be tried, the prosecution adduced its oral and documentary evidence. After the prosecution completed its evidence, the learned trial Judge recorded further statements of the accused persons under Section 313 of the Code of Criminal Procedure, wherein the accused persons denied generally all the allegations levelled against them and they submitted that they were falsely implicated in this case.
(3.) THE learned trial Judge after appreciating the evidence on record and after considering the arguments advanced on behalf of both the sides, delivered the impugned judgment and he was pleased to convict all the four accused persons for the offences punishable under Sections 363, 366, 376 r/w. Section 114 of the IPC and awarded the sentence as hereinabove described in this judgment. By virtue of the impugned judgment, the learned trial Judge granted benefit of doubt to all the accused persons in connection with commission of offence punishable under Section 201 r/w. Section 114 of the IPC and they were acquitted from the charge of said offence. Hence, the original accused persons preferred this appeal.