JUDGMENT

Anil R. Dave, J.

1. The facts and circumstances giving rise to Sessions Case No. 346/03 filed in the court of the learned Additional City Sessions Judge at Ahmedabad, in a nutshell, are as under:

2. Kishan, son of Shri Velabhai Marwadi, had carried away a six years old girl, named, Gomi, on 27th February, 2003 around 6 p.m. when she was eating a 'gola' (crushed ice with essence of syrup added thereon) and had taken her to Jivi's field and thereafter he had raped her and had chopped off her legs from ankle so as to take 'jhanjri' (a type of heavy anklets made of silver worn on ankles by women and they have been referred to as "anklets" hereinafter). Before taking Gomi to the field of Jivi, the accused was in need of a knife because, the anklets, which the victim had put on her legs, were quite heavy and strong and were welded in such a manner that it was physically impossible to take out the anklets from her feet without either cutting off the feet or the anklets. For the purpose of having a knife, the accused had gone to a hawker, named, Dineshbhai Karsanbhai Thakore, who was selling 'dabeli' (bun/bread containing spicy meshed potato filling) and had requested him to give his