THAKOR JAVANJI TALAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant was tried by Fast Track Court No. 2, Patan in Sessions Case No. 28 of 2004. He came to be convicted by judgment and order dated 31. 8. 2004 for the offences punishable under Sections 452, 376 and 506 (2) of the Indian Penal Code ('ipc', for short ). For the offence punishable under Section 452 of IPC, he was sentenced to undergo R. I for six months and fine of Rs. 500/- and in default, S. I for one month, for the offence punishable under Section 376 of IPC, he was sentenced to undergo R. I for life and fine of Rs. 5000/- and in default, R. I for one year and for the offence punishable under Section 506 (2) of IPC, he was sentenced to undergo R. I for six months and fine of Rs. 500/- and in default, S. I for one month. All the above sentences were ordered to run concurrently.

(2.) THE prosecution case is that the appellant entered the hut of the complainant Rameshbhai Virchandbhai Vaghri, located at Village Bhatsar between 20. 30 and 21 hours of 4. 2. 2004 and raped the minor victim - Lalitaben under criminal intimidation that if she disclosed this to anyone, she would be done to death. Around this time, minor brother of the victim was fast asleep in the hut and the parents had gone out. When the parents came back, the father noticed blood on the clothes of the victim and asked her about the same. She told him that she had a thorn-bite, but later, she told her mother that she was raped by the appellant, and that because of his fear, she has not disclosed the fact to her father. On the father of the victim being informed, he talked to his brother-in-law and they went to Chanasma police station and lodged the FIR. Offence was registered and investigated. The victim was taken to the doctor where she gave the history of rape. In the clinical examination, it was found that the hymen of the victim was torn and there was blood oozing at that time. Samples of saliva, vaginal swab etc. were taken. Later accused came to be arrested. He was also sent for medical examination and sample of his blood, semen, saliva etc. were taken, his clothes were seized and were found to carry bloodstains of the group of the victim.

(3.) CHARGE against the accused was framed at Exh. 3 for the offences punishable under Sections 376, 452 and 506 (2) of the IPC, to which he pleaded not guilty and claimed to be tried. Learned trial Court proceeded with the trial and after considering the evidence adduced by the prosecution, came to the conclusion that the prosecution was successful in establishing charges against the accused-appellant and recorded his conviction. The trial Court, while awarding the sentence, took into consideration the aggravating circumstances like young age of victim, age of accused, the nature of offence, its impact on the victim's psyche and physique and social life and awarded the imprisonment of life by way of punishment for the offence of rape, besides the punishment for other offences. The sentences were ordered to run concurrently, and hence this appeal.