IQBALBHAI JUMABHAI CHAMADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal has been preferred by the appellant, being aggrieved by the judgment of conviction dated 3rd January 2013 passed in Sessions Case No. 5 of 2012 by the learned Additional Sessions Judge, Jamkhambhalia, District Jamnagar convicting the appellant for the offence punishable under Sections 376, 451, 506 [2] of the Indian Penal Code [hereinafter referred to as, "IPC"] and order on sentence whereby, the appellant has been sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 25, 000/= for the offence punishable under Section 376; and in default of payment of fine, to further undergo rigorous imprisonment for two years. Appellant has also been sentenced to under rigorous imprisonment for a period of two years for the offence punishable under Section 451 IPC, and for the offence under Section 506 (2) IPC, the appellant has been ordered to undergo rigorous imprisonment for a term of two years. All the sentences have been ordered to run concurrently.

(2.) The facts emerging from record of the prosecution are that, the complainant, a minor girl aged 13 years, resident of village-Bharana, Taluka-Khambhaliya, District-Jamnagar has stated the following facts in her complaint, registered at Vadinar Police Station vide ICR No. 14/2011 dated 10th August 2011, given at 18:45 hrs, in connection with offences punishable under Sections 376, 451, 506(2) IPC and Section 135 (1) of the Bombay Police Act. Free translation of the said complaint reads thus -

(3.) At the time of incident, the victim-complainant, a minor girl was 13 years old and the appellant-accused was about 40 years old. The victim lodged the complaint.