SHANKERBHAI BHAGWANBHAI CHAUDHARY Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been filed by the appellant-accused against the judgment and order dated 1.7.2004 passed by learned Additional Sessions Judge, Dhrangadhra in Sessions Case No.13 of 2003, whereby the appellant-accused was convicted for the offence under Sections 363 and 366 of the Indian Penal Code. The appellant was sentenced to undergo rigorous imprisonment for a period of seven years and ordered to pay Rs.5,000/- fine for offence under Sections 363 of the Indian Penal Code and in default of payment of fine, further rigorous imprisonment of one and a half year was imposed. The appellant was sentenced to suffer rigorous imprisonment for ten years and ordered to pay fine of Rs.10,000/- for offence under Section 366 of the Indian Penal Code, and in default of payment of fine, rigorous imprisonment for a period of two years was imposed. Both the sentences were ordered to be served separately.

(2.) The case of the prosecution in short is that on 8.10.2002 the appellant-accused kidnapped the prosecutrix, minor daughter of Shankerlal Sharma with malafide intention. It is alleged in the complaint that the complainant is residing with his wife and daughter at Patdi and on the fateful day, the complainant went out after taking dinner and his wife and daughter were alone at home. When he returned, his wife told him that their daughter went to play Garba after taking dinner, however, she did not return. Upon inquiry, it is revealed that as the accused came in contact with the prosecutrix, he might have kidnapped the prosecutrix. With these allegations, the complaint was registered with Patdi Police Station Patdi Police Station being C.R.No.I-89/2002 for the offence under Section 363 and 366 of IPC. After about one and a half month, on 14.11.2002, present appellant himself surrendered along with the prosecutrix before police. The prosecutrix was sent for medical examination and offence under Section 376 of IPC was added against the accused. After completion of investigation, charge sheet for the offences under Section 363, 366 and 376 of IPC came to be filed against the appellant in the Court of JMFC, Patdi. Thereafter, the case was committed to the Court of Sessions by learned JMFC and it came to be registered as Sessions Case No.13 of 2003. Thereafter, charge was framed against the accused and the accused pleaded not guilty to the charge and claimed to be tried.

(3.) Being aggrieved and dissatisfied with the impugned judgment and order of conviction, the appellant-accused has preferred the present appeal before this Court.