K J THAKER, J. - (1.)THE present appeal has been filed by the appellant accused against the judgment and order dated 28.02.2011 passed by learned 3rd Additional Sessions Judge, Nadiad in Sessions Case No.33 of 2010, whereby the learned Trial Court convicted and sentenced the accused as under:
(1) To undergo rigorous imprisonment for 10 years and to pay fine of Rs.2,500/ - and in default to undergo further simple imprisonment for two months for the offence under Sections 376 and 506(2) of the IPC;

(2.)THE case of the prosecution in short is that: -
2.1 The complainant -Jadiben filed a complaint, wherein she has alleged that on the eve of "Dasera" on or about 28.09.2009, in night hours at about 9:30 P.M. the victim went for natural call in open place and at that time, day, date and place, the accused came from behind and her and pulled her in house of Rajesh Kathiyawadi, where he committed rape on her. For this incident, the victim at first instance told her mother about fact that the accused only slapped her. But, after about four to five days, she had an ache in her private part, for which she complained her mother -the complainant herein that the accused committed rape. The complaint was lodged by the mother of the victim against accused for offense of causing voluntarily simple bodily hurt and for giving threat punish punishable under Section 323, 504 and 506(1) of the Indian Penal Code being first complaint. Thereafter, subsequently on 23.10.2009, the second complaint is given for the offence of rape alleged to have been committed on 28.09.2009 as aforesaid after about a month from the date of alleged offense against accused by the mother of victim for offence of rape, causing voluntarily simple bodily hurt and for giving threat punish punishable under Section 323, 504 and 506(1) of the Indian Penal Code being successive complaint for the same offense.

(3.)THEREAFTER , investigation was carried out and the chargesheet came to be filed against the accused in the Court of learned Magistrate. As the case was sessions triable, the same was committed to the Court of Sessions. Thereafter, charge came to be framed and explained to the accused, to which the accused pleaded not guilty and claimed to be tried.
In order to bring home the charges against the accused, prosecution has examined 14 witnesses. The prosecution has also led 20 documentary evidences to support its case.