VINODBHAI PARASMAL JAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused has filed this Appeal under Section 374 of Cr.P.C. against the Judgment and order of conviction and sentence dated 31.12.2008 passed by the learned Additional Sessions Judge, Court No. 19, City Sessions Court, Ahmedabad, in Sessions Case No. 217 of 2008, whereby the learned Additional Sessions Judge has held the appellant accused guilty (i) for the offence punishable under Section 363 of I.P. Code and sentenced him to suffer Imprisonment for 2 (two) years and to pay a fine of Rs.500/ - i/d to undergo SI for 1 (one) month, (ii) for the offence punishable under Section 366 of I.P. Code and sentenced him to suffer Imprisonment for 3 (three) years and to pay a fine of Rs.1,000/ - i/d to undergo SI for two months, and (iii) for the offence punishable under Section 376 of I.P. Code and sentenced him to suffer Imprisonment for 7 (seven) years and to pay a fine of Rs.2,000/ - i/d to undergo SI for four months. The learned Judge ordered that all the sentences to run concurrently.

(2.) THE brief facts of the case of prosecution are that on 19.02.2007 at about 8.00 P.M., the appellant accused kidnapped the minor victim prosecutrix near the house of the complainant without the consent of her parents and took the prosecutrix at Rajasthan and married her and committed sexual intercourse with her. Therefore, the complainant lodged complaint against the appellant accused for the offences under Sections 363, 366, 376 of I.P. Code with Naranpura Police Station, Ahmedabad.

(3.) THE accused was arrested. Necessary investigation was carried out by the Police. The statements of the complainant and other witnesses were recorded. Thereafter, after completion of investigation the charge -sheet against the accused came to be submitted before the Court. As the offences were triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. The learned additional Sessions Judge framed the charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.