RAJKUMAR RAMASWAMI ADIDRAVID Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant-orig. accused No. 1 has been convicted and sentenced by judgment and order dated 31/12/2007 passed by the learned Addl. Sessions Judge and Presiding Officer, 2nd Fast Track Court, Ahmedabad (Rural), in Sessions Case No. 169 of 2006, awarding rigorous imprisonment of seven years and fine of Rs. 5000/-, in default, to undergo further simple imprisonment of 30 days, for the offences punishable under Sections 376 and 506 (2) of the IPC. By the said judgment and order, the learned trial Judge has acquitted the present appellant of the charges levelled against him under Sections 313, 323, 504, 511 read with Section 114 of IPC and also acquitted all other accused of all the offences levelled against them. The said judgment and order is under challenge by the present appellant in this appeal.

(2.) THE prosecution case, in nutshell, is that the complaint has been filed by one Satyaben Chinaswami Karpan on 9/4/2005 with Sabarmati Railway Police Station being I-CR No. 12 of 2005 against the appellant and other seven accused persons. It is alleged in the complaint that the present appellant along with other seven accused persons have committed rape on the complainant for about six months and she became pregnant. It is alleged that the present appellant-orig. accused No. 1 had induced her that he will marry her and after taking her into confidence, committed rape. When she became pregnant, it was informed by her to the present appellant-orig. accused No. 1. It is alleged that after this, the present appellant had gone to his native place and came with his newly wedded wife. It is further alleged that the other seven accused persons had helped the appellant accused No. 1 in threatening the complainant to abort the pregnancy. However, the complainant filed the complaint. It is alleged that because of the rape committed by the present appellant, she has become pregnant and gave birth to a baby boy.

(3.) AFTER investigation, the charge sheet was filed before the learned Judicial Magistrate for the offences punishable under Sections 376, 313, 323, 506 (2), 504, 511 read with Section 114 of IPC. Since the offence was exclusively sessions triable, the learned Magistrate committed the case to the Court of Sessions.