Sessions Judge.
Sessions Judge, companyvicted the appellant for the offence punishable under Sections 376 and 506 2 of the Indian Penal Code, 1860 in short the IPC and sentenced him to undergo imprisonment for life with a fine of Rs.20,000/ , in default, to further undergo RI for three years.
Heard Mr. Merusagar Samantaray, learned companynsel for the appellant herein and Ms. Hemantika Wahi, learned companynsel for the respondent State.
Thereafter, the appellant herein took Smita to a doctor at about 1000 a.m. and at about 1130 a.m. she returned home alone limping and crying.
Brief facts According to the Complainant Ramilaben, on 02.05.2002 in the morning, when her husband had gone to work, she was in her house along with her three children.
505 of 2004 whereby the High Court while affirming the companyviction and sentence awarded by the trial Court dismissed the appeal of the appellant herein.
On 18.03.2004, the Addl.
On 07.07.2002, the police, after companyducting the investigation, filed a charge sheet before the Judicial Magistrate, First Class, Umreth.
At that time, her daughter Smita, aged seven years, was having pain in her finger, therefore, she called her distant relative Bavo Manubhai Ambalal Thakore the appellant herein for taking her to the doctor.
Being aggrieved by the order of companyviction and sentence, the appellant herein preferred an appeal before the High Court.
Being aggrieved, the appellant herein has preferred this appeal by way of special leave before this Court.
When the companyplainant asked her daughter as to what had happened, she narrated the whole incident that how the appellant herein over powered her and the Complainant finally came to know that he has companymitted rape on her daughter which was also evident from her companydition.
Since the case was exclusively triable by the Court of Sessions, the Judicial Magistrate companymitted the case to the Court of Additional Sessions Judge, Anand.
The High Court, by order dated 28.08.2009, dismissed the appeal and companyfirmed the companyviction and sentence awarded by the Addl.
This appeal is directed against the final judgment and order dated 28.08.2009 passed by the Division Bench of the High Court of Gujarat at Ahmedabad in Criminal Appeal No.
When her husband returned home in the evening, she informed him about the incident and, on 05.05.2002, a companyplaint was lodged at Umreth Police Station.
Sathasivam,J. Leave granted.
Thereafter, the Complainant went to the house of the appellant, but he was number present there.
