STATE OF GUJARAT Vs. ALPESH

JUDGEMENT

(1.) BY way of this appeal under Section 377 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of the trial Court dated 11.6.2009 in Sessions Case No. 110 of 2008 whereby the trial Court convicted the original accused under Sections 376, 366 and 363 of the Indian Penal Code and sentenced him to suffer imprisonment to the period which he had already undergone and to pay fine of Rs. 50/ -, in default, to undergo simple imprisonment for five days for the offence punishable under Section 376 of the Indian Penal Code. For the offence punishable under Section 366 of the Indian Penal Code, the trial Court sentenced the accused to suffer imprisonment to the period which he had already undergone and to pay fine of Rs. 100/ -, in default, to further undergo simple imprisonment for a period of five days.

(2.) THE prosecution case is that on 10th May, 2008, at about 8.00 p.m. the accused abducted the minor victim from the custody of house of lawful parents and committed rape on her without her consent. A complaint in that regard was lodged with Deesa City Police Station. On the basis of the complaint, investigation was carried out. After completion of investigation, on the basis of material collected against the respondent -accused, charge sheet against the accused for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code was filed in the Court of learned Judicial Magistrate First Class, Deesa. As the case against the accused was triable exclusively by the Sessions Court, it was committed to the Sessions Court under Section 209 of the Code of Criminal Procedure.

(3.) DALPATJI Ramjiji Thakore, PW 4, at Exh. 12