JASHWANT RAMANBHAI NAIKA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order rendered by the Ld. Addl. Sessions Judge, Navsari, on 8/12/2004 in Sessions Case No. 13/2004, whereby the Ld. Trial Judge was pleased to record conviction of the appellant, who happened to be original accused No. 1 in the aforesaid Sessions Case for the offence punishable under Section 376 of the Indian Penal Code [IPC] and the appellant was sentenced to undergo simple imprisonment [SI] for 7 years and fine of Rs. 1,000/ - and in default of payment of fine, SI for 3 months. He came to be acquitted from the charges of offences punishable under Sections 363 and 366 read with Section 114 of the IPC. There were 3 co -accused who came to be tried along with the appellant and the Ld. Trial Judge recorded their acquittal.

(2.) THE prosecution case, in nutshell, is as under:

(3.) THE trial Court framed charge at exh. 1 against the appellant and 3 co -accused persons for the offences punishable under Sections 363, 366 and 376 read with Section 114 of the IPC, to which along with the appellant, all the accused persons did not plead guilty and claimed to be tried. The trial Court thereafter, recorded the evidence adduced by the prosecution. After the prosecution concluded its oral evidence, the trial Court recorded further statement of the appellant and other co -accused persons, to which they denied generally all the allegations levelled against them by the prosecution and the appellant further stated that he was in love with the prosecutrix and, therefore, he was falsely implicated in this case.