BHURABHAI KAMABHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be convicted by Fast Tract Court No. 9, Kheda at Nadiad, for the offences punishable under Sections 376 and 354 of the Indian Penal Code, by judgment and order dated 5. 7. 2005, rendered in Sessions Case No. 30/2005. The appellant was ordered to undergo R. I for eight years with a fine of Rs. 3000/-, in default, R. I for six months, for the offence punishable under Section 376 of IPC, and to undergo R. I for two years and pay a fine of Rs. 1,000/-, in default, R. I for one month, for the offence punishable under Section 354 of IPC. Both the sentences were ordered to run concurrently.

(2.) THE facts of the case, in brief, are that the prosecutrix lodged an FIR with Mahelav Police Station against the appellant stating that on 20th October, 2004 at about 9. 15 P. M, the appellant dragged the prosecutrix from her house to an alley and outraged her modesty. She threatened him that she would raise shouts and, therefore, he let her to go. She went home. Then she had tenderness between her legs. She, therefore, told about the incident to her aunt Madhuben and Vimalaben, who, in turn, informed the father of the prosecutrix Ambalal Ukabhai Parmar. This was revealed to him on 21st October, 2004 in the late evening. He, therefore, decided to lodge an FIR and, therefore, he took the prosecutrix to Mahelav Police Station on 22nd October, 2004 in the evening and the FIR was lodged by the prosecutrix only for an offence punishable under Section 354 of IPC.

(3.) CHARGE was framed against the accused-appellant at Exh. 3 for the offences punishable under Sections 354 and 376 of the Indian Penal Code. The accused-appellant pleaded not guilty to the charge and came to be tried.