SHANKERPRADHAN RAJPRADHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 16.9.1997 passed by the learned Additional Sessions Judge, Court No.4, Ahmedabad in Sessions Case No.152 of 1996, whereby the learned Sessions Judge has convicted the appellants for the offences punishable under Sections 376, 363, 366 and 342 of the Indian Penal Code. For the offence punishable under Sections 376 of the Indian Penal Code, the learned trial Judge was pleased to sentence both the appellants to undergo R.I. for 7 years and to pay a fine of Rs.5000/- each, in default, to undergo further R.I. for one month. THE appellant No.1 Shankarpradhan Rajpradhan was ordered to undergo R.I. for six months for the offence punishable under Section 342 of the Indian Penal Code. THE appellant No.2 - Rajesh Alias Raju Berughar was also convicted by the learned trial Judge for the offence punishable under Section 363, to undergo R.I. for two years and for the offence punishable under Section 366, the said appellant was ordered to undergo R.I. for two years. THE brief facts of the prosecution case is as under:

(2.) THE allegations levelled against the accused is that on 3.4.1995, the present appellants along with other four persons had illegally kidnapped the daughter of Ushaben Shivabhai Panchal named Komal 16 years and the accused persons had committed rape upon said Komal. THErefore, the offence under Sections 363, 366, 376 and 342 of the Indian Penal Code was registered against the accused.

(3.) TO prove the case against the appellant, the prosecution has produced documentary evidence and also examined in all 9 witnesses before the trial Court.