DASHRATHBHAI PARUBHAI BHABHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed the present appeal under Sec. 374(2) of Criminal Procedure Code, 1973 against the judgment and order of conviction and sentence dtd. 10/3/2017 passed by the learned Special Judge (POCSO) and 2nd Additional Sessions Judge, Panchmahal at Godhra (hereinafter be referred to as "the Trial Court") in Special (POCSO) Case No.27 of 2015, whereby the Trial Court has held the appellant - accused guilty for the offence punishable under Sec. 363 of the Indian Penal Code (for short "the IPC") and sentenced him to undergo rigorous imprisonment of three years and to pay fine of Rs.1,000.00 and in default to undergo further simple imprisonment of two months, for the offence punishable under Sec. 366 of the IPC and sentenced him to undergo rigorous imprisonment of five years and to pay fine of Rs.1,000.00 and in default to undergo further simple imprisonment of two months, for the offence punishable under Sec. 376(2)(h) of the IPC and sentenced him to undergo rigorous imprisonment of ten years and to pay fine of Rs.5,000.00 and in default to undergo further simple imprisonment of six months and for the offence punishable under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short "the POCSO Act") and sentenced him to undergo rigorous imprisonment of ten years and to pay fine of Rs.5,000.00 and in default, to undergo further simple imprisonment of six months. At the time of pronouncement of the impugned judgment and order, the appellant has not deposited the fine, but subsequently he has deposited the same before the concerned Trial Court.

(2.) Brief facts of the prosecution case is that on 26/12/2014, the complainant Revabhai Bhojabhai Mohaniya resident of Village: Ambaliyavav, Taluka - City - District Panchmahal has registered an First Information Report against accused alleging inter alia that his daughter (victim) aged about 15 years 3 months and 14 days on the date of incident whose birth date is 28/8/1999 and studied upto 10th Standard. That on 11/12/2014 was suddenly disappeared from Village: Kakanpur where she resided with her sister-in-law and studying in M. V. Shah Girls High School and, thereafter, a phone call received by the complainant from his daughter-in-law that the victim went for study and, thereafter, she did not come back till 6.00 p.m. It is alleged that the complainant and his relative have started searching the victim and on the next day, he had inquired at the school where the victim was studying, but till the date of registration of the FIR, the victim was not traceable and, therefore also, they have tried to search the accused persons at their residence, but they have not found there. It is alleged that accordingly complaint being C.R.No.140/2014 came to be filed before Godhra City "A" Division Police Station for the offences punishable under Ss. 363, 366 and 376 etc of the Indian Penal Code and under Ss. 4, 6 and 17 of the POCSO Act.

(3.) Pursuant to the aforesaid FIR, the police started investigation and prepared panchnama of the scene of offence as well as recorded the statements of various witnesses and also got medical report of the accused as well as the victim and arrested the accused and seized muddamal articles and after completion of investigation, as the sufficient evidence was found, the police has filed the charge-sheet against the accused before the Judicial Magistrate, First Class. As the offence was triable by the Court of Sessions, the Judicial Magistrate, First Class has committed the case under Sec. 209 of the Criminal Procedure Code to the Court of Sessions at Panchmahal at Godhra wherein it has been registered as Special (POCSO) Case No.27 of 2015.