STATE OF GUJARAT Vs. PANCHAL AMISH JITENDRABHAI

JUDGEMENT

(1.) BY way of present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 7.8.2004 passed by the learned Additional Sessions Judge, Mehsana in Sessions Case No.30 of 2004. The said case was registered against the respondents original accused for the offences punishable under Sections 363, 364, 365, 342, 385 read with Section 34 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, the police informed the complainant that they have received an information from one Mr.Solanki that a girl is locked in a room of Shantinath Flat, Division 3 and that girl is shouting for help. The police sent mobilevan for inquiry. The complainant alongwith his two nephews went to Shantinath Flat where he was told that three kidnappers of the girl are being kept in a room. The wife of the complainant identified the two persons sitting in the room as they had come to the complainant's house for cooler work. On asking the daughter of the complainant she told the complainant that when she was out at 10:45 a.m. two unidentified persons came on motorcycle and took her away and thereafter locked her in a room in the Shantinath Flat. She thereupon by opening the window shouted for help. The girl also gave name of the persons who had brought her on the motorcycle. The police registered the complaint. After completing the necessary formalities the accused persons were caught redhanded and statements of the witnesses were recorded by the Investigating officer and then before the learned Judge chargesheet was filed.

(3.) THEREAFTER , investigation was carried out and after following the necessary procedure, and on grant of sanction, the chargesheet against the accused persons came to be submitted before the Court.