STATE OF GUJARAT Vs. DIPAK SAKHARAM MAHALE

JUDGEMENT

(1.) THESE appeals arise out of the same judgment dated 24.6.2011 passed by the learned Sessions Judge, Surat in Sessions Case No. 167 of 2009. The original accused was charged with offences punishable under section 363, 366 and 376 of the Indian Penal Code and by the impugned judgment he was convicted for such offences and sentenced to rigorous imprisonment for 5 years, 7 years and 10 years respectively. The accused challenged his conviction and sentence by filing Criminal Appeal No. 1464 of 2011. State seeking enhancement of sentence has preferred Criminal Appeal No. 1101 of 2011. Briefly stated, the prosecution version was that daughter of the first informant (hereinafter to be referred to as 'the victim') aged about 14 years was kidnapped by the accused on 16.4.09 at about 21 hours with an intention of marriage. They remained together for about 17 days during which period, the accused also raped her. She was brought back on 4.5.09 before Katargam Police Station. The parents were given custody of the girl on the next day.

(2.) SURESH Gullani, PW -1, Ex. 9, father of the girl and the first informant deposed that his daughter was born on 18.6.95. On 16.4.09, at about 9 O'clock after she had gone out of the house to dispose of old rotis, she did not return. He had searched for her about 3 to 4 days and thereafter intimated Katargam Police Station on 19.4.09. A few days later, he received a call from his daughter informing him that accused Dipak had taken her. On 4.5.09, the accused had returned his daughter. He brought back his daughter from the police station on the next day. She had informed him that the accused had kidnapped her showing a knife and had taken her to Raigad where in a temple even the ceremony of marriage was performed. He produced at Ex. 10, the FIR dated 4.5.09.

(3.) VICTIM girl, PW -13, Ex. 42 deposed that when she was studying in 9th standard, on 16.4.09 at about 8.30 to 9.00 at night, she had gone to the end of the lane of her society to give rotis to an old lady. The accused came there at that time on a Honda motorcycle, showed her a knife and asked her to sit on the motorcycle or else he would murder her parents. She got scared and sat with him. He took her to railway station and then to bus stand from where by bus she was taken to village Gorswadi in Raigad. He forced her to marry and even sprinkled hot oil on her body causing her burn injuries. She was taken to a temple where he tied a mangalsutra. Parents and uncles of the boy were also present there. At night, he committed forcible intercourse with her. Babu, brother of the accused thereafter came to fetch them. She was taken to Surat Police Station by the accused and his brother.