VISHNUBHAI VIJAYSINH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order passed by the learned Sessions Judge in Sessions Case No.26/07 whereby the appellant-accused has been convicted for the offence punishable under section 376 and sentence has been imposed upon him of 10 years' R.I., with the fine of Rs.3,000/- and two months' R.I. for default in payment of fine. THE accused has also been convicted for the offence punishable under Section 366 of IPC and the sentence has been imposed upon him of 7 years' R.I., with the fine of Rs.2,000/- and additional punishment of one month's R.I. for default in payment of fine. THE accused has also been convicted for the offence punishable under Section 363 of IPC and sentence has been imposed upon him of 5 years' R.I., with the fine of Rs.2,000/-, and additional punishment of one month's R.I., for default in payment of fine.

(2.) AS per the prosecution case, the complaint was filed by the father of the victim, Mr.Shankerji Kayurji Marwadi - PW-1, Exh. 14, on 9.6.2006, stating that on 4.5.2006, in the morning, when his son Naresh had gone for service and his another son Dinesh with his wife had gone for giving invitation of the marriage of his (complainant's) daughter Sonal and the complainant had gone for labour work, his wife Laxmiben and his daughter were at the residence. At about 7 O'clock when the complainant came back from work, his wife Laxmiben informed the complainant that Sonal had gone out stating that she was going for buying vegetables and she had not returned and on further enquiries with the relatives, Sonal was not found. Thereafter, upon further enquiries, it was learnt that one Vishnu Vijaysinh Rajput was also not available at his residence, who was staying near the house of the complainant and when he enquired about Vishnu from his parents, they stated that they were not aware about the same and consequently it was learnt by the complainant that Vishnu had seduced his daughter and eloped her and has kidnapped her. Thereafter, the application was made for further inquiry, but between around 11 a.m. and 12 noon, his daughter Sonal came back to the residence and started crying and upon further enquiry, she narrated that Vishnu had taken her in rickshaw and thereafter they had stayed at different places and both had physical relations and, therefore, the complaint was filed for the offence of kidnapping and of committing rape.

(3.) THE learned APP, while supporting the judgement of the learned Sessions Judge on the aspect of sentence under Section 376 of IPC, submitted that the discretion has been properly exercised and, therefore, the sentence imposed for the offence punishable under Section 376 of IPC is just and proper.