VIPULBHAI DEVSHIBHAI DHORIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal arises out of the judgment and order rendered by the learned Principal Sessions Judged, Rajkot, in Sessions Case No. 31/2011, whereby the present appellant Vipulbhai Devshibhai Dhoriya was convicted for the offences punishable under sections 363, 366 & 376 of the Indian Penal Code. The learned trial Court awarded sentence of R.I. for 7 years for offence punishable under section 376 IPC and to pay fine of Rs. 5000/, in default, S.I for three months; for offence under section 366 IPC, the appellant was sentenced to undergo R.I for three years and to pay fine of RS. 1000/, in default, S.I for one month. No separate sentence was imposed for the offence under section 363 IPC. Both the substantive sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that the complainant,i.e. father of the victim, is a resident of village Garida, Taluka : Chotila and he has four children, out of whom, victim Ranjan @ Kaliben, aged 15 years, was working in a factory situated in GIDC at Kuvadva. She used to go to the GIDC with other female workers in the Chhakada Rickshaw of the present appellant in the morning hours and were returning in the evening hours. The appellant is a resident of the same village. He is a married persons aged about 23 years. It is the say of the victim that on the day previous to the day of the incident, the appellant had told her that on the next day they both would elope. It is the say of the victim that on the next day, she had gone to GIDC for attending work and at that time the appellant came there in a Maruti Car and took her away in the Car. They travelled to Matel, Chotila and stayed in a hotel and in open field. It is the further say of the victim that when they came to know about lodging of complaint by her father against the appellant through newspapers, they themselves appeared before the police station. On the basis of the complaint filed by the father of the victim, police carried out necessary formalities and arrested the appellant, and the victim was sent to her parental home.

(3.) THE offence was registered, investigated and charge sheet was filed in the Court of learned Chief Judicial Magistrate, Rajkot, who in turn, committed the case to the Court of Sessions for trial, where Sessions Case No. 31/2011 came to be registered.