NARAYANBHAI PANNABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of a judgment and order rendered by Additional Sessions Judge, Sabarkantha at Himmatnagar, on 12th September, 1995, in Sessions Case No. 20 of 1994. The appellant was the accused before the Sessions Court and was tried for offences punishable under Sections 366, 376, 302, 201 and 363 of Indian Penal Code. He came to be convicted for offences punishable under Sections 302, 201 and 363 of IPC. He was ordered to undergo imprisonment for life and to pay a fine of Rs. 200/- and in default to undergo simple imprisonment for one month, for the offence punishable under Section 302 of IPC. He was ordered to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 200/-, in default to undergo simple imprisonment for one month, for the offences punishable under Section 201 of IPC, and was also ordered to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 200/-, in default to undergo simple imprisonment for one month, for offence punishable under Section 363 of IPC.

(2.) The case against the appellant was that he had kidnapped his niece Rekha aged about 17 on August 6, 1993; they both were found to be missing from that date; after some time the appellant was apprehended and interrogated by the father and grand-father of the victim when he is said to have admitted that he had ravished and murdered Rekha and had thrown her dead-body in a ditch. He even indicated the place where the dead-body was lying and that is how the dead-body was recovered. After the arrest of the accused, panchnama was drawn and it is found that he had a nail mark injury on his shoulder. The deceased was strangulated with the help of a rope used for reigning bullock, which he had purchased from one Rajak Gafur, who has been examined as a witness. In recent past of the approximate time of death of the deceased Rekha, accused and Rekha were seen together by Rupaji Athelaji, who has been examined at Ex. 14. A complaint was lodged in respect of Rekha's missing and an offence was registered. On investigation, the Police found that there was evidence to connect the accused with the offence and therefore, charge-sheet came to be filed before Judicial Magistrate First Class, Khedbrahma, who in turn committed the case to the Court of Sessions as the offences were triable exclusively by Court of Sessions. That is how Sessions Case No. 20 of 1994 came to be registered. Charge was framed against the accused at Ex. 5. The accused pleaded not guilty to the charge and was therefore, tried.

(3.) Considering the evidence on record, learned Additional Sessions Judge, Sabarkantha at Himmatnagar came to a conclusion that offences punishable under Sections 302, 201 and 363 came to be established by the prosecution. However, the offences punishable under Sections 366 and 376 were held to have been not proved by the prosecution against the accused and the learned Additional Sessions Judge therefore, recorded acquittal in respect of those two offences.