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2015 Supreme(Guj) 970

RAJESH H.SHUKLA
Iliyashbhai Yakubbhai Diwan – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Gajendra P. Baghel and J.P. Baghel.
For the Respondent: H.L. Jani, A.P.P.

JUDGMENT :

Rajesh H. Shukla, J.

1. The present Appeal is directed against the judgment and order passed in Sessions Case No. 40 of 2008 by the learned Sessions Judge, Bharuch dated 23-10-2008 recording conviction of the accused for the offence punishable under Section 376(2)(f) read with Section 506(1) of the Indian Penal Code imposing the sentence of R.I. for 10 years, for the offence under Section 376(2)(f) and fine of Rs. 21,000/- and in default S.I. for 2 years and R.I. for 8 months for the offence under Section 506(1) I.P.C. and fine of Rs. 3,000/- and in default S.I. for 3 months. The Court had also passed an order under Section 357 of the Code of Criminal Procedure that compensation of Rs. 20,000/- may also be paid to the victim. The facts of the case briefly summarised are as follows: As it transpires from the material and evidence on record, the accused is said to have committed rape on the victim girl aged about 9 years when she had gone to the house of the accused for tuition. The accused had asked her to go inside the house to fetch the match box, and when she entered the house, the accused followed her and laid her down and committed the offence, for which the complaint
























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