RAFIKMOHAMAD FARUKMOHMAD KHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeals have been filed separately by the appellants-accused under Section 374 of the Criminal Procedure Code, 1973, against the common judgment and order dated 23.03.2016 passed by learned Sessions Judge, Valsad in Sessions Case No.38 of 2013, whereby the appellants-accused were convicted for the offences punishable under Sections 452, 398 and 354 read with Section 114 of the Indian Penal Code (herein after referred to as IPC for short) and also under Sections 25(1-B) and 27 of the Arms Act. By the impugned judgment, under Section 452 of the IPC, the appellants were sentenced to undergo simple imprisonment for a period of five years each and ordered to pay Rs.2,500/- fine each and in default of payment of fine, simple imprisonment for a period of six months was imposed and under Section 398 of the IPC, the appellants were sentenced to undergo simple imprisonment for a period of seven years each and ordered to pay Rs.5,000/- fine each and in default of payment of fine, simple imprisonment for a period of one year each and under Section 354 of the IPC, the appellants were sentenced to undergo simple imprisonment for a period of one year each and ordered to pay Rs.2,500/- fine each and in default of payment of fine, simple imprisonment for a period of three months each and and under Section 25(1-B) and 27 of the Arms Act, the appellants were sentenced to undergo simple imprisonment for a period of five years each and ordered to pay Rs.5,000/- fine each and in default of payment of fine, simple imprisonment for a period of one year each was imposed. All the sentences are ordered to run concurrently.

(2.) The case of the prosecution in short is that on 09.01.2013 at 10:00 a.m. in the morning, when husband of the complainant went to office and children went to school, at that time, one unknown person came to her home having gun in his hand and his face was covered with handkerchief. Thereafter, one another person also came there and they showed gun to the complainant and demanded money from her. Thereafter, the above person laid down the complainant on bed and outraged her modesty and at that time, she shouted for help due to which other neighbours arrived there and therefore, the accused persons ran away from the place of incident. Therefore, the complaint was lodged with the police.

(3.) This Court has heard learned advocate Mr. Adil Mirza and learned advocate Mr. Amit Chaudhary appearing for the appellants and learned APP Ms. Hansa Punani for the respondent-State.