LAWS(GJH)-2009-8-68

SANJAYBHAI CHIMANBHAI TALSANIYA Vs. STATE OF GUJARAT

Decided On August 11, 2009
SANJAYBHAI CHIMANBHAI TALSANIYA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE present Criminal Appeal has been preferred by the appellant original accused, under Section 374 of the Code of Criminal Procedure, challenging the Judgment and order dated 14. 2. 2005, passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Bhavnagar, in Sessions Case No. 142 of 2004, whereby the appellant accused is convicted (i) for the offence punishable under Section 363 of I. P. Code and sentenced him to suffer RI for three years and to pay fine of Rs. 1000/- i/d to further undergo imprisonment for one year and (ii) for the offence under Section 376 of I. P. Code and sentenced him to suffer RI for Ten years and to pay fine of Rs. 5000/- i/d to undergo imprisonment for two years. The learned Judge has ordered that under the provision of Section 357 Cr. P. C. the amount of fine shall be paid to the father of victim for her benefit. The learned Judge has also ordered that both the sentences shall run concurrently.

(2.) THE facts of the prosecution case are that the complainant has one daughter, named, Madhvi, aged about 5 years. It is alleged that on 3. 5. 2004 when the complainant was at her house the son of the complainant informed her that their sister (victim) is missing. Thereupon the complainant started making search but she could not find her. It is alleged that after some time she came and started crying and informed the complainant that Sanjay (accused) had taken her away. Thereafter at about 9. 45 P. M. , the accused and his brother came to the house of complainant and scolded her. On seeing the accused the victim Madhvi told her mother that accused had taken her away. Thereafter, parents of accused came to her house and told the complainant that Sanjay (accused) had committed a mistake and should not file the complaint. It is alleged that in the night at about 12. 00 O'clock when the victim had gone for natural call she was crying and when the complainant saw her private part the blood was oozing from the vagina of the victim. On seeing this they had taken the victim to the Government Hospital at Gariadhar. On examining the victim the doctor informed the complainant that rape has been committed on the victim and advised them to inform the Police. Thereafter they went to the Police station for filing the complaint. The police registered the complaint against the accused for the offences punishable under Sections 363 and 376 of I. P. Code and carried out the investigation. The police recorded the statement of witnesses, drew the panchnama of scene of offence, seized the Muddamal articles clothes and sent the same to the F. S. L. After the investigation was over the charge-sheet against the accused for the offences under Sections 363 and 376 of I. P. Code was submitted before the learned J. M. F. C. Gariyadhar. As the offences were absolutely triable by a Court of Sessions, the learned J. M. F. C. , has committed the said case to the Court of Sessions, which was numbered as Sessions Case No. 142 of 2004.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Additional Sessions Judge, Fast Track Court No. 1, Bhavnagar, has vide Judgment and order dated 14. 2. 2005, held the accused guilty for the offence punishable under Section 363 and 376 of I. P. Code and awarded sentence as mentioned herein above in Para 1 of the Judgment.