DASHRATHJI DIWANJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this Appeal against the judgment and order of conviction and sentence dated 05th April 2007 passed by the learned Additional Sessions Judge, Fast Track Court, Deesa, in Sessions Case No.187 of 2006, whereby the learned Judge has convicted the appellant-accused under Sections 376 of the Indian Penal Code.

(2.) It is the case of the prosecution that the on 23rd May 2006 when the complainant came back at home at about 09:00 p.m., wife of the complainant informed the complainant that their daughter, i.e. victim girl, is still not came back to home. She further stated to the complainant that in the morning hours of about 09:00 a.m. the victim girl went to temple at village Khardosan. Therefore, the complainant shared the same with his brothers and they all were searched the victim girl. It is the case of the prosecution that somehow complainant came to know that the present appellant-original accused, by giving false promises of marriage to the victim girl, taken away the victim girl with him. Therefore, a complaint to the said effect was registered by the complainant on 14th July 2006 with Deesa Rural Police Station. The complainant has stated that his daughter was of 16 years of age at the time of incident. Thereafter, statements of appellant were recorded and when the appellant pleaded not guilty, the appellant was charge-sheeted.

(3.) Thereafter, under Section 313 of the Code of Criminal Procedure, 1973 further statements of the appellant were recorded. The appellant along with his further written statement below Exhibit 54/1 and 54/2, produced Certificate of Marriage as well as notarised affidavit of the victim girl.