STATE OF GUJARAT Vs. DUDHASINH, DUDO PANNASING HIRAVAT

JUDGEMENT

(1.) THE Appellant -State has preferred this appeal under section 377 of CrPC for enhancement of sentence imposed upon the respondent by the impugned judgment and order dated 30.6.2011 passed by the learned Sessions Judge, Surat in Sessions Case No. 255/2009, whereby, the learned trial Judge has convicted the respondent for the offence under section 363 of IPC and sentenced to undergo S/I for three years and to pay a fine of Rs. 200/ -, in default, to undergo further S/I for fifteen days. The respondent is convicted under section 366 of IPC and sentenced to undergo S/I for three years and to pay a fine of Rs. 200/ -, in default, to undergo S/I for fifteen days. The respondent is also convicted under section 376 of IPC and sentenced to undergo S/I for three years and to pay a fine of Rs. 200/ -, in default, to undergo further S/I for fifteen days, which is impugned in this appeal.

(2.) 2.1 The brief facts of the prosecution case is that the respondent -accused had lured daughter of complainant and thereby took her with him from her legal guardianship and kidnapped her and committed rape on her against her will and wish. Therefore, the complaint was filed.

(3.) THEREAFTER , after examining the witnesses, further statement of the accused under sec. 313 of CrPC was recorded in which the accused has denied the case of the prosecution.