MOHAMMED IMTIYAZ AHMEDMIYA MUNSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of filing this appeal, the appellant has challenged the judgment and order dated 20.1.2010 passed by the Additional Sessions Judge, (First Fast Track Judge), Ahmedabad (Rural), whereby the appellant has been convicted for the offences punishable under Sections 306 and 366 of Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and fine of Rs.5,000/-, in default, to undergo simple imprisonment for further three months for each of the offences. Both the sentences were ordered to run concurrently. However, he was acquitted for the offence punishable under Section 363 of the Indian Penal Code.

(2.) THE brief facts leading to filing of this appeal are such that complainant Kataria Ramubhai Vishrambhai, resident of Barejdi, Taluka Dascroi filed a complaint before the Aslali Police on 28.7.1987 to the effect that he is serving in Sales Tax Department as Sales Tax Inspector at Ahmedabad and is residing with his family at Barejdi. He has two sons and four daughters. THE eldest daughter's name is Pallavi who was 19 years old at the time of the incident. It is alleged in the complaint that the present appellant-accused kidnapped his daughter Pallaviben from the lawful custody of her parents on 28.7.1987 with ulterior motive of committing rape on her and that on 2.8.1987, it is reported that victim girl Pallaviben had died. On the basis of this complaint and after investigation, the charge sheet came to be filed in the Court of learned J.M.F.C., Narol under Sections 363 and 366 of the Indian Penal Code. THE learned J.M.F.C., Narol committed the case to the Sessions Court wherein it was numbered as Sessions Case No.181 of 1989.

(3.) HEARD learned advocate Mr.Tirmizi for the appellant-accused and learned APP Mr.Pujari for the State, perused the record and impugned judgment and order.