CHHAGANBHAI LAXMANBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present Appeal, the appellant challenges the judgment and order dated 4.2.2010 passed by the learned Additional Sessions Judge, Bhavnagar, in Sessions Case No.158 of 2005, whereby the learned Sessions Judge has convicted the appellant accused for the offences punishable under Sections 363, 366 and 392 of the Indian Penal Code. The learned Sessions Judge ordered the appellant accused to undergo sentence for a period of seven years rigorous imprisonment for the offence punishable under Section 363 of the Indian Penal Code and to pay fine amount of Rs.200/ -, in default of payment of fine, further rigorous imprisonment for three months. The appellant was further ordered to undergo sentence for a period of 10 years rigorous imprisonment and to pay a fine of Rs.300/ -, in default of payment of fine, rigorous imprisonment for 3 months, for the offence punishable under Section 366 of the Indian Penal Code. The appellant was also ordered to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.300/ - and in default of payment of fine, further rigorous imprisonment of 3 months, for the offence punishable under Section 392 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, on 4.4.2005, the appellant accused kidnapped the minor daughter (Ankita) of the complainant Mansukhbhai Jivrajbhai Dhamelia, near Nandi Gram School at Bhavnagar with an intention that the victim may be raped or forced for seduced to illicit intercourse and has taken away the golden earnings and silver anklets, put on by the minor Ankita and committed robbery and thereafter, released said minor Ankita. Thereby, the accused committed an offence punishable under Sections 363, 366 and 392 of the Indian Penal Code.

(3.) THEREFORE , the complainant filed compliant being I CR No.218 of 2005 registered with A Division Police Station, Bhavnagar, on 5.4.2005 against the appellant for the offence as alleged. Thereafter, the police started investigation and arrested the accused. The police drew arrest panchnama. When the accused was in police station, he has shown willingness to show the place from where the accused kidnapped minor Ankita and taken away the golden and silver ornaments from the said minor and then released the minor Ankita. The point out panchnama has been prepared by the Investigating Officer. The minor Ankita has identified the accused before the learned Executive Magistrate during the identification parade. The test identification panchnama was drawn by the learned Executive Magistrate. The Investigating Officer seized the golden and silver ornaments from the accused which were identified by the mother of the minor. Thereafter, the investigating officer has filed the charge -sheet against the accused before the learned Chief Judicial Magistrate, Bhavnagar. But the offence was exclusively triable by the Sessions Court, learned Chief Judicial Magistrate, Bhavnagar, committed same under Section 209 of the Code of Criminal Procedure before the Court of Sessions and same is numbered as Sessions Case No.158 of 2005. Thereafter, the learned Additional 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.