JUDGMENT :

J.B.PARDIWALA, J.

1. This appeal is at the instance of a convict-accused of the offence of rape punishable under Section 376 of the IPC and is directed against the judgment and order passed by the Addl. Sessions Judge, Fast Track Court No.1, Ahmedabad City dated 27th October, 2010 in the Sessions Case No.42 of 2010, by which, the Trial Court held the appellant guilty of the offence punishable under Section 376 of the IPC and sentenced him to undergo life imprisonment with fine of Rs.5,000/-, and in default of the payment of the amount of fine, to undergo further 50 days of simple imprisonment.

2. The facts of this case are quite disturbing. The case of the prosecution is that the appellant committed the offence, as alleged, upon his own daughter, who at the relevant point of time, was around 16 years of age. It all started with an FIR lodged by the victim, Exh.13 dated 30th April, 2009 before the Amraiwadi Police Station, Ahmedabad City. The first information report reads thus;

“My name is Sneha D/o Bharatsinh, caste- Rathod, age- 15 years, occupation housework(sewing), residing at Jayanti Vakil's Chawl, Khokhara, Amaraivadi, Ahmedabad City. I dictate and declare the facts of my complaint in person that, I reside at the aforesaid address with my father, my mother Rekhaben and my younger brother namely Arjun. My father is doing electric work. Our other house is at Sakarsing Mukhi's Chawl, near Jain Cross Roads, Maninagar. We go to this house at eight o'clock in the morning and there I do the work of clothes sewing and repairing. My mother does housework. We come at our house at Jayanti Vakil's Chawl in Khokhara at night and after finishing our dinner, we go to sleep.

Around twenty days ago from today, I stayed at our house in Maninagar and my mother and father returned to our house at Khokhara. As I was alone and I got hungry, I went to the main crossroads, ahead of the Jain Crossroads to bring snacks. A boy named Mitesh who resides in our Chawl met me on the way and he asked me to have speaking terms with him. I told him that, "I will let you know after pondering over it". Thereafter, I returned to my house after purchasing snacks and went to sleep. On the next day, my parents came and immediately asked me as to where you went in the night. I replied that, I went to bring snacks. To that my father replied, "If you wanted to meet Mitesh, you should have called me on the phone to come, I would have gone and meet him" and then he beat me. On the next day, I went alone to my aunt's house at Somnath Society, Mahadevnagar and stayed with her. As my uncle Bhavansing and aunt Vinaben came to take me back, I returned to Khokhara with them and as my aunt came to take me back, I went with my aunt to Mahadevnagar. On 27/04/2009, at half past ten in the morning, my aunt left me at our house at Maninagar and from there, I came to our house at Khokhara and went to sleep after finishing my dinner. On 28/04/2009, we went to our house in Maninagar in the morning and returned to the house at Jayanti Vakil's Chawl in Khokhara at six o'clock. I went to sleep after finishing my dinner at eight o'clock. I was sleeping on the bed and my parents were sleeping on the floor and my brother went to my aunt's place. At nine o'clock in the night, my father asked me to come down and sleep on the floor. He asked me to remove my clothes. To that, I denied to do so. Therefore, my father slapped me on my head asking me to remove my clothes and made me remove my clothes. My father committed rape on me forcefully in the bed and my mother told nothing.

Thereafter, I slept in the same condition. I woke up late in the night and worn my clothes. On 28/04/2009, after getting fresh in the morning, we went to the house at Maninagar. We returned to the house at Jayanti va