- (1.)BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 08.07.2009 passed by the learned Additional Sessions Judge, 3rd FTC, Mehsana, in Sessions Case No.114 of 2008. The said case was registered against the appellant original accused for the offences punishable under Sections 376 and 506(2) of the Indian Penal Code. The appellant is sentenced to undergo R.I. for ten years and fine of Rs.60,000/, in default, R.I. for two years and six months for the offence punishable under Sections 376 of the Indian Penal Code. He is further sentenced to undergo R.I. for two years and fine of Rs.5000/, in default, R.I. for six months for the offence punishable under Sections 506(2) of the Indian Penal Code.
(2.)ACCORDING to the prosecution case, the complainant Jyotsanaben d/o Ishvarji Ghemrji Thakor resides at Tundav village and does household work. Before six months of lodging a complaint on 28.05.2008, at about eight hours in the evening, when she went to attend nature's call behind the compound situated on Kaniroad, at that time Thakor Parbatji Punaji also came there under the pretext to attend nature's call and with an evil intention to commit rape upon her. When she left towards home after attending nature's call, Parbatji Punaji Thakor chased her and immediately took hold of her by pressing her mouth and pulled her towards the compound of Balaji Ghemraji. Thereafter, he made her to lie down and pressed her mouth and after opening her pyjama, he committed rape on her against her will. Thereafter, he stood up and threatened by pressing her mouth that if you talk the same to anyone, he would kill her and if she let this thing knows to anyone, he will defame her in the society. The lady complainant has also stated in her complaint that as she was intimidated and due to fear of defamation in the society and due to reputation of her parents, she did not disclose this fact to anyone. But as she became pregnant for five months due to rape committed by Thakor Parbatji Punaji and due to physical changes in her, her parents got her examined at Dr. Ramanbhai of village Tundav. As doctor stated about her being pregnant, lady complainant personally lodged the complaint of this incident in detail to PSO, Uza Police Station on 28.05.2008.
(3.)ON the basis of above allegations, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him. 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 person, to which the accused person pleaded not guilty and claimed to be tried.