JUSAB Vs. SATE OF GUJARAT

JUDGEMENT

(1.) The appellant- original accused has filed Criminal Appeal under Section 374 of the Code of Criminal Procedure (hereinafter referred as "the Code"). This Criminal Appeal is arising out of the order and judgment dated 17.03.2004 passed by the learned Sessions Judge, Jamnagar, in Sessions Case No. 56 of 2003 (hereinafter referred as the learned Trial Court). Whereby the learned Sessions Judge has passed conviction under Sections 324 and 394 of the Indian Penal Code (For brevity 'IPC') and awarded sentence as under for the offence, and acquitted the appellant-accused from the offence punishable under Section 354 of the IPC and sentence to the appellant accused as under:

(2.) Heard learned advocate Mr. Bipin Bhatt, learned advocate for the appellant-accused and Ms. Monali Bhatt, learned APP, for the Respondent-State.

(3.) As per the complaint, case of the prosecution is that on 02/11/1997, when the complainant was working in his filed, at about 11.00 O'clock Kantibhai son of his elder family brother Haribhai came to him and told that his daughter Manisha was robbed. So they came to home, but as no one at home, the all came to hospital at Dhrol and found his daughter Manisha in unconsious condition. So he asked his wife Hansaben then she told that at about 10:00 O'Clock she and Manisha were on the way to Solanu Lake. Manisha was left behind her. After about 15 minutes Manisha came to her and informed her in weeping voice that one youth like person came behind her and attempted to kill her by strangulation on his neck and she become half unconscious. Then he robber her earrings and silver chain. That, then as the complainant came to know from village people that the person who attempted to kill and robber his daughter was Jusab Abbas. That, his neighbour Jashuben Harkhabhai Desai had seen Jusab Abbas was chasing Manisha. He wore two rings in hand and brown coloured check shirt and gray coloured pent and having hight with dark complexion. That the golden metal ring worth Rs.150/- and Silver metal Chain worth Rs.30/-. Then, the complainant has lodged complaint before the Police which was registered as C.R. No.I - 131/97 for the offences punishable under sections 354, 307, 394 of IPC before the Dhrol Police Station.