PRATAP @ TUSHAR RAMESHBHAI NAIDU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr.Prakash G.Pandya for the appellant and learned APP Mr.K.L.Pandya for the respondent State.

(2.) THE appellant herein has been charged and tried by the Addl.Sessions Court, Vadodara in Sessions Case no.91 of 2009 for the offences punishable u/ss.363, 366, 376 of the Indian Penal Code and convicted him for all such offences and ordered to undergo simple imprisonment of 10 years and fine of Rs.15000/ -, with a condition that in default of payment of fine, he has to undergo additional imprisonment for a period of 12 months. Such conviction is by impugned judgment and order dated 4.8.2011, which is under challenge.

(3.) THE sessions case under reference has been initiated pursuant to FIR registered before Gorva police station of Vadodara as C.R.no.56 of 2009 by Gulamnabi Ibrahim Ghanchi, father of the victim. In his complaint dated 8.3.2009, it is contended by the complainant that the victim, who is his daughter had been to her school in the morning and since she did not return from the school, he inquired from other girls studying with his daughter in the same school and it was revealed that a person, who was residing nearby his house had called his daughter out of the school in the morning and, thereafter, they were not traceable. Thereupon, he inquired about such person, who was present accused, as he was also not found at his home and such fact has been confirmed by his wife, Sandhya. Thereupon, he lodged a complaint that present accused has abducted his minor daughter aged about 14 years with ulterior motive of committing rape on her. It is not disputed fact that victim was not traceable and, ultimately, she was found with the present accused from Dakor and, therefore, after thorough investigation and inquiry, the I.O. has filed chargesheet against the appellant accused, which resulted into his conviction as aforesaid.