STATE OF GUJARAT Vs. THAKOR NATHAJI KESHAJI

JUDGEMENT

(1.) THE present appeal has been filed by the State of Gujarat challenging the judgment and order dated 7.5.1987 passed by the learned Sessions Judge, Mehsana in Sessions Case No. 119 of 1986 acquitting the present respondent - original accused for the offence punishable under Section 376 and 506(2) of the IPC.

(2.) THE case of the prosecution is that on 08.05.1986 at about 8 -30 victim Lilaben along with Ranjanben went to the field for agriculture activities. At about 11 -00 a.m when Lilaben was doing agriculture activities and after completing she put bunch of grass on her head and was moving towards her house.

(3.) AT the same time, accused came out from the field of Amichand Kishorbhai and asked Lilaben to help him carrying his bunch of grass, but she refused and she started running away, but accused caught her and took her near the well in the field of Amichand Kishorbhai. The accused pushed her in the empty water tank and raped on her. Thereafter, accused threatened victim that she should not tell his thing to any body, otherwise he will kill her and throw her in well. Thereafter, Lilaben went to her house and told the incident to her mother. Her mother also told about the incident to her husband i.e father of the victim at about 12 -30 noon. Thereafter, the victim Lilaben also told about the incident to her father and her father went to Kadi Police Station where victim Lilaben lodged the complaint. Thereafter, victim girl was sent for medical examination and panchnama was also carried out. On the next day accused was arrested. Panchnama was carried out and he was also sent for medical examination. After that, a charge sheet was filed before the Judicial Magistrate, First Class and the Judicial Magistrate committed the case to the Sessions Court.