KAVITABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Lady accused - Kavitaben has challenged her conviction under section 376(I) read with section 34 of Indian Penal Code sentencing her for 10 years with fine and stipulation clause thereof as well as her conviction under section 363 and 366 of Indian Penal Code by way of preferring the present Criminal Appeal under section 374 of the Criminal Procedure Code 1973.

(2.) When the prosecutrix / victim along with her parents were engaged in piecemeal labour work on 24.4.2014, at that time, accused Bharat alluded the prosecutrix that she would be getting Rs.350/- labour and took her to Kamrej along with him and his wife. Thereafter, she was taken to Chotila, Rajkot and Junagadh and on 28.4.2014, she was returned to her parental home at Chamardi. It is alleged that when she was taken into forest area of Junagadh District, at that time, accused Bharat raped her and thereby committed the offence punishable under section 376(I) read with sections 363, 366 and 34 of Indian Penal Code.

(3.) Mr.Gajendra Baghel, learned advocate for the appellant accused has taken this Court through the entire Record and Proceedings and argued that in view of the decision of the Apex Court even with the aid of section 34 of IPC, a woman cannot be convicted for the offence of rape and in the present case, the present appellant has been convicted and therefore, this appeal may be taken up for hearing. Therefore, at the request of learned advocate for the appellant and learned APP, the matter is taken up for final hearing today.