TASVARHUSAIN JAHURHAJI ANSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 374(2) of the Criminal Procedure Code is against conviction recorded by judgment and order dated 23.10.2001 by the Sessions Judge, Ahmedabad in Sessions Case No.92 of 2000. Under the impugned judgment and order, the appellant was convicted for offences under Sections 376, 452 and 506(1) of the Indian Penal Code. For such conviction thus recorded, the appellant was sentenced to undergo rigorous imprisonment for a period of 7 years, fine of Rs.1,000/- and in default, 2 months rigorous imprisonment for offence under Section 376, 1 year rigorous imprisonment, fine of Rs.100/- and in default, 7 days rigorous imprisonment for offence under Section 452 and 1 month rigorous imprisonment, fine of Rs.100/- and in default, 7 days rigorous imprisonment for offence under Section 506(1).

(2.) The facts in brief are that an FIR being I-CR No.282 of 1998 came to be registered in connection with an incident which took place in the night hours between 23.04.1998 and 24.04.1998. In the FIR, which is filed on 17.12.1998, it is alleged that at around 02;00 am, when the prosecutrix along with her younger brothers and sister was at her residence, the appellant along with 5 other persons, knocked the door and forcibly entered into the house. It is alleged that after such a forcible entry, the co-accused persons kept watch outside the house whereas present appellant entered into the house and committed rape of the prosecutrix. In connection with this incident, FIR came to be registered at Gomtipur Police Station on 17.12.1998. In the FIR, it is narrated that at the relevant time, the prosecutrix was alone with her brothers and sister whereas parents of the prosecutrix were at Mumbai and as and when her mother returned to Ahmedabad, she narrated the incident and thereafter, FIR came to be registered.

(3.) The present appeal of the appellant came to be admitted by order dated 04.12.2001 and under the same order, the appellant was enlarged on bail.