STATE OF GUJARAT Vs. MAHESHBHAI GANPATBHAI RATHOD

JUDGEMENT

(1.) THESE appeals arise out of the judgment dated 05.05.2012 rendered by learned Additional Sessions Judge, Ahmedabad, in Sessions Case No.370 of 2010. Maheshbhai Ganpatbhai Rathod, appellant of Criminal Appeal No.1443 of 2012 was the original accused. He was charged with the offences punishable under Sections 363, 366, 376 and 506(1) of the Indian Penal Code. By the impugned judgment he was convicted for such offences and sentenced to rigorous imprisonment for 7 years for the offence punishable under Section 376 of IPC. No separate sentences were awarded for the remaining offences. Fine of Rs.1,000/was also imposed. He has, therefore, filed Criminal Appeal No. 1443 of 2012 challenging his conviction and sentence. The State has preferred Criminal Appeal No.1222 of 2012 seeking enhancement of the sentence.

(2.) BROADLY stated, the prosecution case was that Manubhai Savjibhai Parmar, the first informant, was residing at Kalol with his family which comprised of his wife and two minor children. The date of birth of his daughter Ms. D (hereinafter referred to as 'the victim') was 07.12.1997. On 18.11.2009, accused kidnapped the daughter of the complainant. They were caught by the Kalol Railway Police. The girl was brought home by the wife of the complainant. To avoid any such recurrence, the victim was sent to Ahmedabad to live with her grand mother (nani) in Nava Vadaj area. Once again, on 26.11.2009, the accused kidnapped the victim and took her to Bombay and returned on 28.11.2009. While they were together between 26.11.2009 to 28.11.2009, he had forcible intercourse with her.

(3.) CHARGE was framed at Exh.2 alleging that the accused had kidnapped the minor daughter of the complainant aged about 12 years on 26.11.2009 in the evening hours. She was taken to a hotel in Mumbai where against her wish he had committed sexual intercourse with her. He had thus committed the offences punishable under sections 363, 366, 376 and 506(1) of IPC.