SANJAYKUMAR KARAMSIBHAI PATEL 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 6.10.2004 passed by the learned Addl. Sessions Judge, Fast Track Court No. 1, Bhavnagar, in Sessions Case No.225/2003, whereby, the learned Judge has convicted the appellant under sec. 376 IPC and sentenced to undergo imprisonment of 7 years R/I and to pay a fine of Rs. 10,000/-, in default, to undergo further S/I for one year, which is impugned in this appeal.

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

(3.) That on 5.6.2003, when the complainant was at his working place, his son namely Mahesh came there to call him. The complainant went to his house, at that time, his wife told him that their daughter Rinaben went to answer the nature's call, did not came back and, therefore, they went to their father's house,where, complainant's mother informed that Rinaben had come to their house with one bag and she told them that she is going to her friend's house. Thereafter, they enquired about her at various places of their relatives. Thereafter, the complainant came to know that Sanjay the present appellant was having love affair with her, he might have taken her by giving false promise of marriage.