MOHAMMED JUSABBHAI KHALIFA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to judgment and order dated 18.7.2006 rendered by learned Presiding Officer, 2nd Fast Track Court, Rajkot, in Sessions Case No.67 of 2005, whereby the appellant herein, who was original accused in aforesaid Sessions Case, came to be convicted for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for five years and fine of Rs.5,000/- and in default of payment of fine simple imprisonment for three months for offence punishable under Section 363 of the Indian Penal Code, rigorous imprisonment for five years and fine of Rs.5,000/- and in default of payment of fine simple imprisonment for three months for offence punishable under Section 366 of the Indian Penal Code and rigorous imprisonment for ten years and fine of Rs.10,000/- and in default of payment of fine simple imprisonment for six months for offence punishable under Section 376 of the Indian Penal Code. All the sentences of imprisonment were ordered to run concurrently and the accused was given benefit of set off.

(2.) JEBUNBEN Noormohammed lodged FIR before Bhaktinagar Police Station, Rajkot city, on 26.9.2004 stating that prosecutrix was her daughter, who was aged about 16 years and was residing with her. It was alleged that the first informant JEBUNBEN was serving in Samarpan Hospital. On 20.9.2004 at about 8 a.m. in the morning JEBUNBEN left her home to attend her service. At about 7 p.m., when she returned home she found lock on the door of her home. Upon enquiry it was revealed that her daughter prosecutrix had gone out. She waited for some time but her daughter did not return. She had a doubt that the accused, who on and often was meeting her daughter might have kidnapped her.

(3.) AFTER appreciating oral and documentary evidence adduced by the prosecution so also adduced by the accused and considering the submissions made on behalf of both the sides, trial Court came to the conclusion that the prosecution successfully proved its case beyond any reasonable doubt and ultimately recorded conviction of the accused for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and awarded the sentence as herein above referred to in this judgment. Hence, this appeal is preferred by the original accused.