SANJAYKUMAR VISHNUBHAI VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 20.9.2007 passed by the learned Presiding Officer, Fast Track Court no. 3, Vadodara in Sessions Case No. 166/2006, whereby, the learned Judge has convicted the appellant no. 1 & 2 under sec. 363 & 366 of IPC and sentenced to undergo R/I for 5 years and to pay a fine of Rs. 1000/-, in default, to undergo further imprisonment for three months. However, the appellant no. 1 is also convicted under sec. 376 of IPC and sentenced to undergo R/I for a period of 7 years and to pay a fine of Rs 5000/- in default, to undergo further imprisonment for six months, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) That on 25.2.2005 the wife of the complainant had gone to attend Besna at Harni in the morning and complainant went to bank and at that time, the daughter of the complainant was at home. On that day, when the complainant cam back at home at about 7.00am, at that time, the wife of the complainant had informed that girl had not came back from the school, therefore, the complainant had make an inquiry of whereabouts of girl but could not found on the same day. Therefore, on the next day, the complainant had tried to find out girl along with one Mr Pravinbhai but they could not find out the girl. Thereafter, on the next day, the complainant had come to know from the local people that, accused no. 2 was not at home from the date when the girl was not found. Therefore, on 27.2.2005, when accused no. 2 came at home, the complainant had asked him about girl and accused no. 2 informed that girl had gone with the accused no. 1 as the accused no. 1 wants to fled away with the girl and, therefore, accused no. 2 had gone with them at Vadodara ST bus stand and thereafter accused no. 1 and 2 along with girl had gone to Mehsana.