STATE OF GUJARAT Vs. VIJAY LIOLINE DAVID

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge, Ahmedabad, Dated : 16.09.1997, rendered in Sessions Case 176 of 1995, whereby, the learned trial Judge granted the benefit of probation to the original accused the opponents, herein, of the charges for the offence punishable under Section 363 and 366 of the Indian Penal Code.

(2.) THE brief facts of the case of the prosecution as set out before the trial Court is that the father of the prosecutrix approached Amraiwadi Police Station on 22.07.1994 and informed that his daughter was not traceable since 21.07.1994. Then, on the next day, i.e. on 23.07.1994 he lodged a complaint stating that the original accused -opponent, herein, has allured his daughter, i.e. the prosecutrix, who was aged about 13 and a half year at the time of offence. Aforesaid complaint came to be registered vide IC. R. No. 376 of 1994. On 24.07.1994, the daughter as well as the original accused returned to their respective homes, whereupon, they were sent to Civil Hospital to have them examined medically. The I.O, then, recorded the statement of the prosecutrix and the other witnesses. At the end of the investigation, since, there was sufficient evidence against the original accused, police filed a charge -sheet against him. Pursuant thereto, the case was placed before the trial Court. The prosecution, in support of its case, examined following witnesses; <FRM>JUDGEMENT_106_LAWS(GJH)1_2015.htm</FRM>

(3.) APART from that the prosecution also produced the documentary evidence, which reads as under; <FRM>JUDGEMENT_106_LAWS(GJH)1_12015.htm</FRM>