LAWS(GJH)-2013-8-240

AJAY @ TINO RAMANBHAI SOLANKI Vs. STATE OF GUJARAT

Decided On August 27, 2013
Ajay @ Tino Ramanbhai Solanki Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THESE appeals arise out of a common judgement of conviction and sentence recorded by the learned Additional Sessions Judge, Vadodara, in Sessions Case No.36/2008. The accused was charged with offences under sections 363, 366 and 376 of the Indian Penal Code. He was convicted for such offences. For offence under section 363/366, he was sentenced to undergo rigorous imprisonment for three years. For offence under section 376, he was sentenced to undergo rigorous imprisonment for five years. He was also awarded fine. Substantive sentences were to run concurrently. The accused had thereupon preferred Criminal Appeal No.1064/2010 and State has also preferred Criminal Appeal No.287/2009 seeking enhancement of the sentence.

(2.) BRIEFLY stated the prosecution version was that the accused had kidnapped the minor daughter of the complainant (here -in -after referred to as victim ) aged about 15 years along with her elder sister Jency on 2.9.2007. The girls were taken to Pavagadh where three resided together for about seven days during which time the accused had forcible sexual intercourse with the victim several times.

(3.) CHARGE were framed at exh.6 in which it was alleged that the accused had on 2.9.2007 at about 13:30 hours kidnapped the victim and the elder sister Jency had accompanied them voluntarily. The accused had repeatedly raped the victim thereafter.