PANKAJ HARIDAS DABHANE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS both the appeals arise from the common judgment and order passed by the learned Sessions Judge, they are being considered simultaneously.

(2.) The short facts are that Suresh Kumar Durgadas Sharma - PW -2 on 21.10.2005 filed the complaint stating that he is having one daughter and two sons and eldest is Mina - the victim having birth date of August 20, 1991, studying in 10th Standard in Prakash Hindi High School. As per the complainant, on 19.10.2005 when he came back during late night time to his residence, he was informed by his wife that the victim had not returned after tuition since 5.00 p.m. and, therefore, he inquired with the tuition teacher Kamal Sharma on mobile for confirming as to whether the victim had come for tuition or not and he was informed that she had proceeded to go for residence at 3.30 p.m. Therefore, the complainant further inquired with the friend of the victim Rajender Kaur, but she did not properly reply and conveyed that he may inquire on mobile No. 9879030462. The complainant when inquired on phone, the accused conveyed to him that he may stop searching the victim and he may not be named and then phone was discontinued. As per the complainant, the accused aged 22 years had kidnapped his daughter and, therefore, the complaint was filed with Naroda Police Station.

(3.) WE have heard Mr. Nirav Thakkar, Learned Counsel appearing for the original accused and Mr. H.K. Patel, learned APP for the respondent State in both the appeals. We have considered the judgment and reasons recorded by learned Sessions Judge and we have also considered the evidence on record.