MANOJKUMAR PREMKUMAR VARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal filed under Section 374 of the Code of Criminal Procedure, 1973, the Appellant -original accused has prayed to quash and set aside the judgment and order of conviction and sentence dated 18th May, 2000 passed by the learned Additional Sessions Judge, Mehsana, in Sessions Case No. 233 of 1999 whereby the learned trial Judge was pleased to convict the Appellant -accused for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code. The learned trial Judge has convicted the Appellant for the offence punishable under Section 363 and sentenced him to undergo rigorous imprisonment for a period of three years, and also imposed fine of Rs. 1,000/ -, and in default of payment of fine, sentenced him to undergo simple imprisonment for a further period of four months. The Appellant was also convicted for the offence punishable under Section 363 and was sentenced to undergo rigorous imprisonment for a period of five years, and also imposed fine of Rs. 1,500/ -, and in default of payment of fine, sentenced to undergo simple imprisonment for a further period of four months. The Appellant was also convicted for the offence punishable under Section 376 and was sentenced to undergo rigorous imprisonment for a period of seven years, and also imposed fine of Rs. 2,500/ -, and in default of payment of fine, sentenced to undergo simple imprisonment for a further period of six months.

(2.) AS per the case of the prosecution, prosecutor was aged about 18 years at the time of offence. On 8th April, 1999, the prosecutor started from her house to teacher's place. However, when up to 3.00 hours since the prosecutor did not return to her parental house, her parents started inquiring about the prosecutor. It is also the case of the prosecution that from neighbor's house that the prosecutor has been sent to Haryana with the present Appellant and other accused. On inquiring on telephone, the present complainant was informed that they should not try to find out the prosecutor since she is in the custody of the Appellant and other accused persons. Therefore, after a period of eight days, FIR came to be registered with Kadi Police Station for the offences punishable under Sections 363 and 366 read with Section 376 of the Indian Penal Code.

(3.) THEREAFTER , statements of the complainant and other witnesses and prosecutor as well as the Appellant came to be recorded. Thereafter, as the sufficient evidence was found, charge -sheet came to be filed against the Appellant. Thereafter, charge was framed against the Appellant. The Appellant -accused has pleaded not guilty and claimed to be tried.