STATE OF GUJARAT Vs. RAVAL LALJIBHAI PARSHOTTAMBHAI

JUDGEMENT

(1.) CHALLENGE in these appeals is to the judgment and order passed by learned Special Judge (Atrocity), Mehsana, in Special Atrocity Case No. 52/2009 dated 30.04.2010 whereby, original accused No.1 has been convicted for the offences punishable u/s. 363 and 366 of the Indian Penal Code and original accused Nos.2 to 4 have been acquitted of all the charges levelled against them.

(2.) CRIMINAL Appeal No. 1112 of 2010 has been preferred by the appellantState for enhancement of sentence of original accused No.1 imposed by the trial Court .

(3.) A complaint was filed by the complainantBhikhabhai Mangalbhai Bhangi, father of the prosecutrix, inter alia alleging that on 15.07.2009 the accused came to his house and told him that they were going to Ambaji and also asked him to send his daughter i.e. the prosecutrix. Therefore, the complainant allowed his daughter to go with the accused. Thereafter, on the next date, the accused persons except, accused No.1 and the daughter of the complainant, came back. Upon asking them, regarding this fact, they replied that his daughter would come with accused No.1. However, since the daughter of the accused did not come till 18.07.2009, the complainant his wife and their relatives went to the house of the accused and asked the prosecutrix, where the accused Nos. 2 to 4 got exited and hurled abuses regarding their caste and asked them to go away from their house. Thereafter, the complaint was filed.