STATE OF GUJARAT Vs. PARMANAND PARSHOTTAM KHATRI

JUDGEMENT

(1.) THIS Appeal, under section 378 of the Code of Criminal Procedure, is directed against the judgment and order dated 05.07.1991 passed by the learned Addl. City Sessions Judge, Ahmedabad in Sessions Case No. 325 of 1990 for offences punishable under sections 366 and 376 of Indian Penal Code.

(2.) THE facts of the case in brief are that the victim minor girl, aged about 12 years, residing with her parents at 35/3 Anand Flats, Bapunagar, Ahmedabad was kidnapped by the respondent -accused. The respondent -accused was also staying at 35/6 of the same flat with his wife. On 18.9.1990, the victim girl returned from the school at about 1.00 p.m., the accused was there near her house. The accused asked the victim to meet him near the water tank. The victim, after handing over the key of the house to her neighbour telling her that she is going to her friend's house for studying, went with the accused. The accused had taken the victim in an autorickshaw and went to Gita Mandir bus stand. From there they proceeded to Surat in a bus and they stayed in a Guest House situated opposite the Railway Station wherein the victim was subjected to sexual intercourse. In the morning they went to Shergaon , Nagjari, Amrawati etc. and returned to Surat. From Surat they left for Ahmedabad on 4.10.1990 by train and reached Ahmedabad at 3.00 p.m. The accused took the victim to Viratnagar in a rickshaw and went away. After returning to her home, the victim talked to her mother about everything that had taken place. The victim's date of birth was 24.12.1977.

(3.) THE charge was framed at Exh.2 against the accused. The accused pleaded not guilty to the charge and claimed to be tried.