Decided on November 17,2014

Rajesh Shivabhai Patel Respondents


SONIA GOKANI, J. - (1.) THIS Appeal is preferred by the State of Gujarat under section 377 of the Code of Criminal Procedure, 1973 ["CrPC" for short] for enhancement of the sentence passed in Sessions Case No. 9 of 1998 against the respondent -accused by the learned Additional Sessions Judge, Morbi at Rajkot, vide order dated 16th August 1999.
(2.) IT is the case of prosecution that when the minor daughter of Manjibhai Batsana had, on 7th November 1997 at around 2 O'Clock in the afternoon, went to fetch cotton -seeds as a feed for the cattle, the respondent -accused allegedly entered the gate surreptitiously and after closing the same from inside, committed rape on the minor girl twice. He did so with the help of a knife, on threatening the victim. The moment grandfather of the victim entered the gate, the respondent -accused ran away with knife. Complaint in this respect came to be lodged with Maliya Miyana Police Station, being I -C.R No. 103 of 1997.
(3.) ON due investigation, chargesheet came to be filed before the learned JMFC on 20th January 1998 for the offences punishable under section 376, 506 (2) IPC. The learned JMFC committed the case to the Court of Sessions under section 209 CrPC on 10th February 1998. The Sessions Court framed charges against the respondent on 9th February 1999. When the accused denied the charges, the prosecution examined in all eleven witnesses and produced twelve documentary evidences to substantiate its case. After recording the statement under section 313 CrPC of the accused and on hearing the arguments of both the sides, the Court carved out the issues and answered both of them in affirmation, convicting the respondent -accused for the offences punishable under section 376 and Section 506 (2) IPC. On the aspect of the sentence, after hearing the respondent -accused, the Court passed an order sentencing the accused to undergo rigorous imprisonment for a period of three years under section 376 IPC, and for a period of one year under sub -section (2) of Section 506 IPC, and also imposed fine of Rs. 50,000/=; to be paid to the family of the victim; and in default, directed the accused to undergo further simple imprisonment for a term of one year. Aggrieved State has filed this appeal on the ground that the order of sentence is inadequate, and therefore, enhancement of such period is must. Further grievance is made that the accused, when has committed rape upon a minor girl, on a point of the knife and that too twice, the Sessions Court by sentencing him to undergo imprisonment for a period of three years is nothing but a mockery of justice. It is further the case of prosecution that merely because the compensation is awarded to the parents that ipso facto could not be a ground of punishing the accused for a less number of years.;

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