- (1.)THESE appeals arise out of a common judgment dated 24.04.2007 rendered by the learned Additional Sessions Judge, Surat. Originally, there were three accused. Accused No.1 - Himmatbhai B. Solanki was convicted for the offence punishable under Section 376 of Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 10 years. He was also ordered to pay fine of Rs.10,000/ - (Rupees ten thousand only). He has, therefore, filed Criminal Appeal No.1794 of 2008 challenging his conviction and sentence. Original accused nos. 2 and 3 - parents of victim girls who were allegedly raped by accused no.1, were, however, acquitted by the learned Additional Sessions Judge for the offence punishable under Sections 376 read with Section 114 of Indian Penal Code. As they were acquitted by the learned Additional Sessions Judge, the State has filed Criminal Appeal No.413 of 2008 challenging their acquittal.
(2.)ORIGINAL accused No.1 the convict had filed bail application being Criminal Misc. Application No.10107 of 2013 along with which he had produced an affidavit of the younger of the two girls alleged raped by him. In such affidavit it was stated inter -alia that her sister had married the accused himself and was happy with their daughter. It was further stated that the deponent herself had married and is settled down. A child that deponent bore from the accused no.1 was growing up with her sister and the accused had decided to take care of said child. In short it was conveyed that there is total resettlement of both the girls. On such basis, counsel for the appellant has prayed for bail pending appeal.
(3.)WE had requested learned APP Shri Jani to verify the facts noted above, who had, with the help of the police authorities, confirmed such developments; in token of which, he had produced the statements recorded by the police of the elder sister and of some neighbours as well. They are taken on record. In view of such developments we had taken up the appeals themselves for final disposal instead of dealing with the question of bail of the accused pending appeal.
From the record it emerges that the services of two daughters of the accused Nos. 2 and 3 were provided to accused No.1 who was engaged in doing pooja work. The girls were aged about 19 and 15 years respectively at the relevant time. It has also come on record that accused no.1 had developed physical relations with both of them and out of which both the girls had got pregnant. The girls delivered a girl child each.