MANOJBHAI @ MUNNO JAYSUKHBHAI SITAPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE original accused - appellant, herein, who lured away a minor, aged about four years, and subjected her to cruelty, is before us by way of this appeal, whereby, he has challenged the judgment and order of the learned Additional Sessions Judge, 2nd Fast Track Court, Amreli, rendered in Sessions Case No. 5 of 2007, Dated: 19.12.2007, convicting the appellant for the offence punishable under Sections 366 and 376(F) of the Indian Penal Code and sentencing him to undergo imprisonment for life. The brief facts of the case of the prosecution as set out before the trial Court reads as under;

(2.) IN the complaint given by him the complainant, who happens to be the father of survivor, stated that on 12.07.2006, while he and his mother were sleeping in the house, the appellant came to his house with his daughter, the survivor, in the early morning at about 04:30 a.m. and told the complainant that while he was passing through the street, he found that the survivor had fallen down, and hence, he had given her water. The appellant, then, went away. However, when the complainant inquired from the survivor, she narrated the entire incident and the complainant also found the blood oozing out from her private part. The complainant, then, took the survivor to the hospital and lodge the complaint. On registration of the offence, the police authorities carried out the investigation and since, prima facie evidences were found against the appellant, a charge -sheet was lying against him. At the time of trial, since, the accused did not plead guilty and claimed to be tried, he was tried for the alleged offence.

(3.) OVER and above the aforesaid oral evidences, the prosecution also placed reliance on the following documentary evidences;