RAKESHBHAI KANTILAL VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been filed by the appellant-original accused no.1 under Section 374 of the Criminal Procedure Code, 1973, against the judgment and order dated 05.08.2019 passed by learned Additional Sessions Judge, Narmada at Rajpipla in Sessions Case No.17 of 2018, whereby the appellant-accused was convicted for the offence under Section 376 read with Section 511 of the Indian Penal Code (herein after referred to as IPC for short). By the impugned judgment, under Section 376 read with Section 511 of the IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of three years and three months and ordered to pay Rs.5,000/- fine and in default of payment of fine, rigorous imprisonment for a period of three months was imposed.

(2.) The case of the prosecution in short is that on 08.04.2018, when the victim was passing through the field for returning home, the appellant along with other accused had asked her to seat on bike and then dropped her. Thereafter, the appellant tried to make physical relation with the victim in the farm of Gulabhai Virjibhai and on shouting, the appellant and the accused no.2 who was standing nearby ran away, after which, a complaint was lodged with the police.

(3.) Learned advocate Mr. Apurva Kapadia for the appellant urged that present appeal may be heard at admission stage and he has taken this Court as well as learned APP to the evidence of material witnesses. As learned advocate Mr. Kapadia had previously furnished the evidence of material witnesses to learned APP as well as to this Court, present appeal is taken up for final hearing at admission stage.