PRAVINBHAI @ PALABHAI GOKALDAS SHRIMALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Appeal, the appellant challenges the judgment and order dated 21.9.2007 passed by the learned Additional Sessions Judge, Court No.7, Ahmedabad, in Sessions Case No.51 of 2007, whereby the learned Sessions Judge has convicted the appellant ­ accused for the offences punishable under Sections 363 and 376 of the Indian Penal Code and ordered to undergo sentence for a period of three years rigorous imprisonment for the offence punishable under Section 363 of the Indian Penal Code and to pay fine amount of Rs.5,000/ -, in default of payment of fine, further to undergo simple imprisonment for one year. The appellant was further ordered to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.5,000/ -, in default of payment of fine, further to undergo rigorous imprisonment for one year, for the offence punishable under Section 376 of the Indian Penal Code. All the sentences shall run concurrently and the accused has been given set off the period of undergone.

(2.) Briefly stated, the mother of the prosecutrix filed a complaint on 26.7.2006 stating therein that she belongs to labour class and her husband is serving in a factory. As per the complaint, due to festival of "Dashama", her daughter, studying in 7th Std., had gone to their acquaintance staying in Vijay Estate to give 'Pradarshan'. When the complainant did not find her daughter back in time, she looked around for her in the vicinity of their household and it was one of the co - workers of his husband who had confided that the appellant accused helping her sister -in -law in her catering, was found to be going with the minor daughter of the complainant. It was around 12:30 in the noon that she found her minor daughter returning with the appellant accused, who was called "Palamama" by the said minor girl. Her minor girl confided in her father of her having been lured with biscuit and she was taken to the bushes near cremation ground. It was difficult for the minor girl to explain the events properly about act of physical that had allegedly taken place. Therefore, complaint was lodged by the complainant against the accused that his daughter was taken away by the accused for the offences punishable under Sections 363 and 376 of the Indian Penal Code. Thereafter, the investigating officer has filed the charge - sheet against the accused and the offence was exclusively triable by the Sessions Court, the case was committed under Sections 209 of the Code of Criminal Procedure before the Court of Sessions and same is numbered as Sessions Case No.51 of 2007. Thereafter, the learned Sessions Judge framed the charge against the accused. The plea of the accused was recorded wherein he has denied the charge levelled against him. Therefore, the trial has been conducted against the accused.

(3.) To prove the case against the accused, the prosecution examined following witnesses :