STATE OF GUJARAT Vs. SHIPAI MAJID MANUBHAI @ MAJALO

JUDGEMENT

(1.) CRIMINAL Appeal No. 1364 of 1993 has been preferred by the appellant - State of Gujarat against the Judgment and order passed by the learned Additional Sessions Judge, Bhavnagar in Sessions Case No. 47 of 1992 on 30.9.1992, acquitting the appellant - accused of the offence under Section 376 I.P. Code. Criminal Appeal No. 611 of 1994 has been preferred by the appellant - original accused being aggrieved by and dissatisfied with the Judgment and order passed by the learned Additional Sessions Judge, Bhavnagar in same Sessions Case whereby the the learned Judge has held the appellant - accused guilty for the offence punishable under Sections 363 and 354 I.P. Code.

(2.) THE short facts of the prosecution case are that on the date of incident i.e. On 19.10.1991 at about 2.00 P.M., victim girl Sonal, aged about Seven years was kidnapped by the accused without the consent of her guardian and she was raped by the accused and thereafter the accused gave Rs. 5/ - to the victim and went away. The victim narrated the said incident to her mother and her mother thereafter told the same to the wife of elder brother of her husband. The complainant along with wife of elder brother of her huband Ambaben and victim Sonal went to the Talaja Police Station and filed complaint before P.S.I., on 19.10.1991 at 16.15 hours, which was registered as CR No. I - 92/91. The offence punishable under Sections 363, 354 and 376 was registered against the accused. The police has carried out the investigation. The victim was sent for medical examination, drew the panchnama in presence of panchas, clothes of the victim were sent to FSL for analysis and after completion of investigation the charge -sheet was submitted before the learned J.M.F.C., Talaja. As the offences were absolutely triable by a Court of Sessions, the learned J.M.F.C., Talaja has committed the said case to the Court of Sessions.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Additional Sessions Judge, Bhavnagar, has, vide Judgment and order dated 30.9.1993, held the accused guilty for the offence punishable Under Section 363 I.P. Code and awarded sentence to undergo rigorous imprisonment for five years and to pay fine of Rs. 500/ - i/d to undergo RI for one month. The learned Judge also held the accused guilty for the offence punishable under Section 354 I.P. Code and awarded sentence to undergo rigorous imprisonment for two years. The learned Judge ordered both the sentences to run concurrently and the fine, if paid, may be given to the victim as compensation. However, the learned Judge has acquitted the accused from the offence punishable under Section 376 I.P. Code.