MANUJI AMRAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused has filed this Appeal under Section 374 Cr.P.C., against the Judgment and order of conviction and sentence dated 06.10.2006 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Patan, in Sessions Case No. 46 of 2006, whereby the learned Additional Sessions Judge has held the appellant (ori. Accused No.1) guilty (i) for the offence punishable under Section 363 of I.P. Code and sentenced him to suffer Rigorous Imprisonment for 5 (five) years and to pay a fine of Rs. 2,000/- i/d to further undergo SI for six months, (ii) for the offence punishable under Section 366 of I.P. Code and sentenced him to suffer Rigorous Imprisonment for 5 (five) years and to pay a fine of Rs. 2,000/- i/d to further undergo SI for six months, and (iii) for the offence punishable under Section 376 of I.P. Code and sentenced him to suffer Rigorous Imprisonment for 7 (seven) years and to pay a fine of Rs. 5,000/- i/d to further undergo SI for one year. THE learned Judge order that all the sentences shall run concurrently.

(2.) THE brief facts of the case of prosecution are that on 2.4.2006 the complainant gave a complaint that before one month the accused with the help of each other enticed his minor daughter from his custody and thereafter on 22.3.2006 the accused abducted the prosecutrix with an intention to commit sexual intercourse with her. THE complainant and other relatives made a search for the prosecutrix but, neither the prosecutrix nor the accused were found. THEreafter the complainant lodged complaint with Harij Police Station. THE Police registered the offence against the accused and carried out investigation. THEreafter, the accused were arrested.

(3.) BEING aggrieved by and dissatisfied with the aforesaid Judgment and order of conviction and sentence the appellant " accused has preferred this Appeal.