JIGNESHBHAI KANUBHAI KAHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 29.11.2008 passed by the learned Sessions Judge, Navsari in Sessions Case No.83 of 2007, whereby the learned Sessions Judge has convicted the appellant for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code. For the offence punishable under Section 363 of the Indian Penal Code, the appellant was ordered to undergo R.I. for three months and to pay a fine of Rs.1000/-, in default, to undergo further S.I. for three months. Learned Sessions Judge was pleased to convict and sentence the appellant to undergo R.I. for 5 years and to pay a fine of Rs.2000/-, in default, further S.I. for six months for the offence punishable under Section 366 of the Indian Penal Code and for the offence punishable under Section 376 of the Indian Penal Code, learned Sessions Judge also ordered the appellant to undergo R.I. for seven years and fine of Rs.10,000/-, in default, to undergo one year S.I. THE brief facts of the prosecution case are as under:

(2.) AS per the case of the prosecution, on 13.9.2007, at about 6:00 a.m., the daughter of the complainant was abducted by the accused and thereby committed rape upon the daughter of the complainant. Therefore the complaint was lodged before the Navsari Town Police Station which was numbered as C.R. No.I-83 of 2007 for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code, against the accused appellant.

(3.) TO prove the case against the appellant, the prosecution has produced documentary evidence and also examined in all 14 witnesses before the Sessions Court.