SALIM DALUBHAI SEPAYI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 14.10.205 rendered in Sessions Case No.22 of 2002, recording the conviction of the accused for the offences under Sections 363, 366 and 376 of IP Code and imposing sentence of rigorous imprisonment for five years and fine of Rs.5000/-, in default, simple imprisonment for six months for the offence under Section 363 of IP Code and further rigorous imprisonment for seven years and fine of Rs.5000/-, in default, simple imprisonment for one year for the offence under Section 376 of IP Code. But, no separate sentence has been awarded for the offence under Section 366 of IP Code and the sentences have been ordered to run concurrently.

(2.) The facts of the case, briefly summarised, are as follows:

(3.) It is the prosecution case that on 22.5.2001 at about 7.30 in the evening the son of brother-in-law informed to come to his village and that his daughter (victim) has gone away somewhere. Thereafter, he made a search with his relatives and as the victim could not be traced, he had also made inquiry about the accused who was also residing in his neighbourhood who had come from Surat was not found for seven days. It is also stated that the accused had sprinkled Gulal during the Holy on the daughter and therefore there was some quarrel for which the complaint was given in the police. Therefore, he had felt that his minor daughter (victim) may have been taken away by the accused for which the complaint was filed with Bilkha Police Station, Junagadh on 23.5.2001 which has been registered as I-CR No. 14 of 2001 for the offences under Sections 363, 366 and 376 of IP Code.