MOHANBHAI BALABHAI PAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31.5.2007 passed by the learned Sessions Judge, Bhavnagar in Sessions Case No. 160/2006, whereby, the present appellant is convicted for the offence under section 363, 366, 376 and 506(2) of IPC. The learned Sessions Judge has imposed the sentences on the present appellant as under:

(2.) THE case of the prosecution in brief is to the effect that, on 27.4.2006, at about 8.00 O'clock, in the morning, when the complainant Bhothabhai Merabhai had gone to the field with his wife and son for labour work, his daughter Raiyaben, aged about 13 years at the relevant time, and his younger son Mukesh aged about 9 years were at home and the husband of cousin sister of victim Raiyaben, present appellant, came to the house of the complainant and by showing knife had taken the victim Raiyaben on his bicycle. The cause as mentioned in the complaint by the father of the victim is that the engagement of the victim was fixed, to which, the appellant, who is son-in-law of the family, was objecting.

(3.) TO prove the case, the prosecution had led the oral evidence of 10 witnesses and had also produced the documentary evidence, the details of which are mentioned in the judgment recorded by the learned Sessions Judge. Thereafter, the learned Sessions Judge recorded the statement of the accused under section 313 of CrPC, wherein, the accused denied the evidence against him. Thereafter, the learned Sessions Judge, after hearing the prosecution and the defence found the accused guilty of the charged offence. The learned Sessions Judge thereafter, heard the matter on the aspect of sentence and ultimately, imposed the sentence as referred to hereinabove. Under the circumstances, the present appeal before this Court.