MAHESHBHAI RAMJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ONE Jashiben, wife of Umedbhai Dahyabhai Solanki, lodged an FIR with Madhavpura Police Station, alleging that her niece Bhavna was raped by Maheshbhai Ramjibhai Parmar in the midnight hours of 26-27th June, 2002 while the prosecutrix was sleeping outside the house on a cot. She indicated that the prosecutrix is slightly retarded and suffers from physical handicap. On the basis of the FIR, offence was registered and investigated. The police having found sufficient evidence, filed charge sheet in the Court of learned Metropolitan Magistrate, Ahmedabad, who, in turn, committed the case to the City Sessions Court, Ahmedabad and Sessions Case No. 280/2002 came to be registered.

(2.) THE charge was framed against the accused-appellant at Exh. 1, to which he pleaded not guilty and hence, came to be tried. The Sessions Court, after considering the evidence, came to the conclusion that the prosecution was successful in establishing the charge against the accused and, therefore, convicted him for the offence of rape punishable under Section 376 of the Indian Penal Code and sentenced him to undergo R. I. for ten years and to pay a fine of Rs. 7000/-, in default, to undergo S. I. for one year. The accused was given the benefit of set off. The judgment was rendered on 19th March, 2004. It is against this judgment and order that the present appeal is preferred by original accused Maheshbhai Ramjibhai Parmar.

(3.) WE have heard learned advocate Mr. J. M. Budhbhatti for the appellant, and learned A. P. P. Mr. U. R. Bhatt for the State. We have also examined the record and proceedings.