STATE OF GUJARAT Vs. YUSUFKHAN RAHIMKHAN PATHAN

JUDGEMENT

(1.) THIS is an appeal by the State, challenging the judgment and order of the learned Additional Sessions Judge, Court No. 7, Ahmedabad, rendered in Sessions Case No. 353 of 2004, Dated : 12.07.2005, convicting and sentencing the opponent, the original accused, as under;

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint was given by the complainant on 17.06.2004, i.e. the father of the prosecutrix, alleging that the prosecutrix was abducted by the opponent, herein, from the guardianship of her parents and that the opponent also had sexual intercourse with her while the prosecutrix was with him. On disclosure of the offence, police carried out the investigation, and since, prima facie evidence were found against the opponent, the charge -sheet was laid against him. At the time of trial, since, the opponent did not plead guilty and claimed to be tried, he was tried for the alleged offence. On completion of the trial, the trial Court passed the judgment and order, convicting and sentencing the opponent, as stated above. Hence, the present appeal.