ISHVARBHAI MAGANBHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 18.5.2004 passed by the learned Additional Sessions Judge, Fast Tract Court No.3, Vadodara. By the impugned judgment, the appellant was convicted for offence under section 376 of the Indian Penal Code and sentenced him to 7 years of rigourous imprisonment and also ordered to pay fine. He was also convicted under section 323 of the Indian Penal Code and sentenced to simple imprisonment for two months.

(2.) BROADLY stated the prosecution case was that when the prosecutrix had gone outside her house to urinate at about 9.30 night on 30th January 2000, the appellant who was residing in the neighbourhood caught hold of her, pushed her down and forcibly had intercourse with her. While he was doing so, husband of the prosecutrix came out of her house and took his wife inside the house.

(3.) THE prosecutrix was examined at Ex.12. She stated that she had gone to urinate at night in the vada outside her house. The appellant, at that time, was sitting in his own vada. The appellant pushed her to the ground, removed her petticoat and tore her blouse and threw it away and started having intercourse with her. At that time, she started shouting. Upon hearing her shouts, her husband came out and pulled the appellant from top of her. The appellant thereupon ran away.