LALO @ CHANDRAKANT CHIMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has been convicted for the offences punishable under Section 376 of the Indian Penal Code (for short "IPC") only on the ground of the victim being below 16 years of age at the time of elopement with the appellant. The appellant has been sentenced to seven years rigorous imprisonment and fine. The Division Bench of this Court in Criminal Misc. Application No.16967 of 2012 where myself was a party held as under:

(2.) CONCEDEEDLY the victim voluntarily accompanied the appellant to Surat, stayed with him for few days and had sexual intercourse without any objection. She also admits having eloped with the appellant on account of intimate relation between the two which had developed since one or two years proceding the incident in question.

(3.) UNDER the above circumstances, the argument of the learned APP that the serious offence was committed punishable under Section 376 of IPC and that this Court should not interfere with the reasons assigned by the Court below deserves no merits. The ends of justice would be served if the sentence is modified to three years simple imprisonment with fine as already ordered by the Trial Court. Accordingly the sentence is modified and if the appellant has already served out the modified sentence or as and when he completes such sentence, he shall be immediately released if not required in any other case. The appeal is allowed to the above extent. No costs.