RAJKUMARSING MANDUSING KURMI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant challenges his conviction and sentence awarded by the learned 2nd Additional Sessions Judge, Jamnagar, in Sessions Case No. 80/2009, vide judgment and order dated 5.8.2011 by which the learned trial Court was pleased to convict the present appellant for the offences punishable under Sections 363, 366, 376 and 506(2) of the Indian Penal Code and sentenced thus: <FRM>JUDGEMENT_308_LAWS(GJH)12_2013.htm</FRM>

(2.) THE complaint was lodged by the father of the victim, who are residents of village Moti Khavadi, District : Jamnagar. It is the case of the complainant that victim Gitaba had gone to School on the day of the incident, i.e. 2.5.2009 in the morning and the present appellantaccused had kidnapped the victim from the school. The offence was registered with Meghpar Padana Police Station as I. C.R.No. 29/2009, for the offences punishable under Sections 363, 366, 376 and 506(2) of the Indian Penal Code. The offences were investigated and thereafter chargesheet was filed in the Court of learned JMFC, Lalpur, who in turn, committed the case to the Court of Sessions, Jamnagar, where Sessions Case No. 80/2009 came to be registered.

(3.) CHARGE was framed against the appellantaccused at Exh.6 for the offences punishable under Sections 363, 366, 376 and 506(2) of IPC, to which the accused pleaded not guilty and claimed to be tried. At the end of trial, the trial Court found that the prosecution was successful in establishing the charges against the accused and recorded his conviction, as stated above. Hence, this appeal by the convictaccused.