GANPATBHAI RAVJIBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be tried by Sessions Court, Panchmahals, at Godhra, for an offence punishable under Section 376 of the Indian Penal Code and came to be convicted therefor. He was sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. 1000/-, in default, to undergo simple imprisonment for one month by the Trial Court, by virtue of a judgment and order rendered on 1. 1. 2005 in Sessions Case No. 116 of 2004.

(2.) AS per the prosecution case, the appellant committed rape on daughter of Nanjibhai Bariya on 30th September, 2003, at about 16. 00 hours while she was gracing cattle in the forest area along with her uncle, Malabhai, and his son, Parul Shanker. It is the case of the prosecutrix that the accused came with an axe in his hand and had a quarrel with her uncle and his son and, thereafter, he chased her and committed rape and, thereafter ran away with the axe. According to the prosecutrix, she was wearing a green petticoat, blouse and underwear. The rape was committed by the accused after removing her underwear and the zip of his trouser. According to the prosecutrix, she was aged 13 years at the time of the incident. She, after recovering from the shock, went home and informed about the incident. Thereafter, they went to police and lodged an F. I. R. She was taken to doctor and was examined. On the basis of the F. I. R. , offence was registered and investigated. Thereafter, on the basis of the material found and collected by the Investigating Officer, charge sheet was filed in the Court of learned Judicial Magistrate, First Class, Santrampur, who, in turn, committed the case to the Court of Sessions and Sessions Case No. 116 of 2004 came to be registered.

(3.) WE have heard learned Advocate, Mr. Brahmbhatt, for the appellant and learned Additional Public Prosecutor, Mr. Bhatt, for the respondent-State. We have also examined the record and proceedings.