RAJUBHAI KEVALBHAI TADAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal has been preferred by the appellant original accused (through Jail), under Section 374 of the Code of Criminal Procedure, challenging the Judgment and order dated 08. 06. 2004, passed by the learned Sessions Judge, Vadodara, in Sessions Case No. 84 of 2003, whereby the appellant accused is convicted (i) for the offence punishable under Section 363 of I. P. Code and sentenced him to suffer RI for six years and to pay fine of Rs. 1000/- i/d to further undergo SI for six months and (ii) for the offence under Section 376 (2) (ch) of I. P. Code and sentenced him to suffer RI for Ten years and to pay fine of Rs. 2000/- i/d to undergo SI for one year. The learned Judge has ordered that both the sentences shall run concurrently.

(2.) THE facts of the prosecution case are that the victim, aged 9 years, was residing with her parents at Vadodara. It is alleged that on 24. 12. 2002 at about 7. 00 to 8. 00 PM when Sangita was playing near her house, her father had gone to do labour work and her mother had gone to do house hold work at the house of one Jagrutiben Patel. At that time the accused (appellant) came and took away the victim on bicycle. It is alleged that near Adarsh Nagar the accused had stopped the bicycle and took the victim near one field and committed rape on her. Thereafter the accused dropped the victim near her house and ran away. The victim was crying. She told about the incident to her mother Champaben. Thereafter, on 25. 12. 2002 Champaben, mother of the victim, took Sangita to the house of Jagrutiben and told about the incident. They took the victim to the clinic of Dr. Simaben and informed about the incident. After primary examination Dr. Simaben advised them to take treatment in the Government Hospital and also to file complaint before the Police Station. Thereafter complaint was filed before Makarpura Police Station against the accused for the offence punishable under Sections 376 (2) (ch), 363, 323 and 506 (2) of I. P. Code. The police registered the complaint against the accused and carried out the investigation. The police recorded the statement of witnesses, drew the panchnama of scene of offence, seized the Muddamal articles clothes and sent the same to the F. S. L. After the investigation was over the charge-sheet against the accused was submitted before the learned J. M. F. C. (Municipal), Vadodara. As the offences were absolutely triable by a Court of Sessions, the learned J. M. F. C. , (Municipal), Vadodara, has committed the said case to the Court of Sessions, which was numbered as Sessions Case No. 84 of 2003.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Sessions Judge, Vadodara, has vide Judgment and order dated 08. 06. 2004, held the accused guilty for the offence punishable under Section 363 and 376 (2) (ch) of I. P. Code and awarded sentence as mentioned herein above in Para 1 of the Judgment.