TALASIBHAI RAMABHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order rendered by learned Additional Sessions Judge, Dhrangadhra in Sessions Case No. 26 of 2003 recording conviction of the appellant - accused for the offence punishable under Section 376 of the Indian Penal Code ('ipc', for short) and awarded sentence of R. I for 10 years and fine of Rs. 5000/-, in default of payment of fine R. I for 6 months.

(2.) THE prosecution case in nutshell is as under:-

(3.) THE trial Judge framed charge against the accused at Exh. 1, to which the accused did not plead guilty and claimed to be tried. Therefore, the prosecution adduced its oral and documentary evidence. After the completion of the oral evidence, the learned trial Judge recorded further statement of the accused under Section 313 of the Code of Criminal Procedure. The accused in his further statement generally denied all the allegations levelled against him by the prosecution and stated that for the purpose of extorting money, he was falsely implicated in this case. 3. 1 After considering the evidence on record and the arguments advanced on behalf of both the sides, the learned trial Judge recorded the conviction of the accused for the offence punishable under Section 376 of the IPC and awarded sentence as hereinabove referred to in this judgment.