PRAVINSINH MANSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 31st May, 2008 passed by the learned 2nd Additional Sessions Judge, Sabarkantha at Himmatnagar, in Sessions Case No. 64 of 2007, whereby the learned 2nd Additional Sessions Judge was pleased to convict the Appellant for the offence punishable under Sections 363, 366, 376 and 506(2) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years, and also imposed fine of Rs. 1,000/ - to pay jointly, and in default of payment of fine, sentenced him to undergo simple imprisonment for a further period of six months. The learned Judge has also directed the Appellant to pay Rs. 10,000/ - (Ten Thousand Only) as compensation to the parents of the victim, and in default of payment of compensation, the Appellant has to undergo simple imprisonment for a further period of six months.

(2.) THE case of the prosecution in brief is that on 14th January, 2007 when the complainant was returning back from the house of one Rahulbhai, she was stopped by the present Appellant and other accused person, who came on bike. The Appellant forced the complainant to seat on bike and took the complainant to Bileshwar Patia and thereafter, the Appellant insisted the complainant to marry him and if the complainant refused to do so, he will kill her parents. Thereafter, the Appellant and other accused person took the complainant to Rakhial Railway Station and about 20.30 hours, other accused person returned to Talod. Thereafter, the Appellant took the complainant to Kalupur Railway Station and from their, at about 02.00 hours, the complainant was taken to Himmatnagar -Motipura where the Appellant had committed the offence under the Indian Penal Code as stated above. Therefore, a complaint to the said effect was lodged before the Talod Police Station being I -C.R. No. 07 of 2007.

(3.) THEREAFTER , necessary investigating was carried out and panchnama of seen of offence came to be drawn. Thereafter, after completion of investigation, the Investigating Officer had submitted the charge -sheet before the learned Judicial Magistrate, Prantij. However, the as the case was exclusively triable by the Court of Sessions, the same was transferred to the Sessions Court, Sabarkantha at Himmatnagar for further proceedings.