KALABHAI KANABHAI AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and order rendered by Sessions Court, Amreli in Sessions Case No.11 of 2003 on dated 11.8.2003, convicting the appellants for the offences punishable under Sections 376, 342 and 506(2) read with Section 34 of Indian Penal Code ('IPC', for short). For the offence punishable under Section 376 of the IPC, the appellants were sentenced to undergo R.I for 10 years and fine of Rs.20000/ - each, in default to undergo S.I for 2 years for the offence punishable under Section 342 r/w.Section 34 of the IPC, the appellants were ordered to undergo R.I for 1 year and to pay a fine of Rs.1000/ - each, in default to undergo S.I for 3 months and for offence punishable under Section 506(2) r/w.Section 34 of the IPC, the appellants were ordered to undergo R.I for 2 years and fine of Rs.2000/ - each, in default to undergo S.I for 6 months. The sentences were ordered to run concurrently. It was also ordered that if the fine is paid, the same be paid to the prosecutrix as compensation.

(2.) THE appellants have preferred these appeals, challenging their respective convictions. Criminal Appeal No.1587 of 2003 is preferred by Nagjibhai Tabhabhai, original accused No.1, whereas Criminal Appeal No.1023 of 2003 is preferred by Kalabhai Kanabhai Ahir, original accused No.2.

(3.) THE facts of the case in brief are that the FIR was lodged by the prosecutrix with Vadia Police Station, alleging rape by original accused No.1 Nagji Tabhabhai, during the night falling between 5.11.2002 and 6.11.2002, in the field of Shardulbhai Amin. On the basis of that FIR, offence was registered and case investigated. The police having found material to implicate accused Nagji Tabhabhai, filed chargesheet in the Court of JMFC, Vadia and learned Magistrate in turn committed the case to the Court of Sessions, Amreli. Sessions Case No.11 of 2003 thus came to be registered. The charge was framed against the accused No.1 at Exh.2, to which he pleaded not guilty and claimed to be tried.