Decided on November 18,2008



- (1.) IN an F. I. R lodged by Kokilaben with Kalol Police Station on 9. 6. 2006, it was alleged that the present appellant raped the first informant's daughter Panna at about 9. 00 p. m. on the previous day i. e. 8. 6. 2006. This FIR was lodged on the basis of the knowledge derived by the first informant through the victim in the morning of 9. 6. 2006. The offence was registered and the prosecutrix was sent to the Doctor for medical examination. The accused was also sent for medical examination. Both of them were examined and necessary samples were taken and sent to FSL by the investigating agency.
(2.) ACCORDING to the prosecution case, the prosecutrix used to work with the accused-appellant and that is how, they were known to each other. On the day the incident, when the first informant and her husband were away on work and the prosecutrix was at home, the accused went to her and asked her to join him on motorcycle to go to Nardipur for having 'dabeli'. She joined him and they went to Nardipur, had snack and while they were returning around 9. 00 p. m. , when in a narrow land there was no one around, the accused allegedly had coitus with the prosecutrix. Then they went to home. That evening, the prosecutrix did not inform any one, but, in the next day morning, she informed her mother and the FIR came to be lodged.
(3.) THE investigating agency having found sufficient evidence against the accused, filed charge-sheet in the Court of learned J. M. F. C. Kalol and the learned J. M. F. C. , in turn, committed the case to the Court of Sessions, Gandhinagar and Sessions Case No. 67/2006 came to be registered. 3. 1 The Sessions Court framed charge against the accused at Exh. 3, for the offences punishable under Sections 363 and 376 of the Indian Penal Code and considering the evidence led by the prosecution, convicted the accused appellant for both the offences and sentenced him to undergo R. I for three years and to pay a fine of Rs. 10,000/-, in default, to undergo S. I for six months, for the offence punishable under Section 363 IPC. The Sessions Court further awarded sentence of R. I for ten years with fine of Rs. 10,000/-, in default, S. I for two years, for the offence punishable under section 376 IPC. The Sessions Court also directed the accused to pay compensation of Rs. 50,000/- to the prosecutrix within 45 days, as provided under Section 357 (3) of Cri. P. C. This judgment was passed by the Sessions Court on 31. 08. 2006. Aggrieved by the said judgment and order of conviction and sentence, the present appeal is preferred.;

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