MANOJBHAI SHANKARBBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present Appeal, the appellant challenges the judgment and order dated 23.4.2012 passed by the learned Sessions Judge, Navsari, in Sessions Case No.22 of 2011, whereby the learned Sessions Judge has convicted the appellant accused for the offences punishable under Section 376 of the Indian Penal Code and ordered to undergo sentence for a period of seven years simple imprisonment and to pay fine amount of Rs.5000/ -, in default of payment of fine, further to undergo simple imprisonment for a period of two years. The accused has been given set off the period of undergone.

(2.) SHORT facts of the case of the prosecution are such that as per the complaint dated 5.10.2010 at about 5:00 p.m. in the evening, the prosecutrix went to the market to purchase vegetables, but she did not return home. Therefore, the complainant inquired about his daughter from his relative and friends, but she was not found. As per the complaint, after 20 days of incident, the wife of the accused came to the complainant and informed that her husband had abducted the prosecutrix and now they both were living at the accused uncle house at village : Rozad, Ta. Talod, Dist. Sabarkantha. Therefore, the complainant, his wife and son went to Rozad, where they found their daughter with the accused and they requested the appellant accused to handover their daughter to them, but the appellant got annoyed and refused to handover her to them. Thereafter, the complainant and his relatives decided to register the complaint against the appellant by stating that his daughter was 15 years old and the appellant abducted the victim by promising to marry with her and the appellant was illegally holding her. After investigating into the matter, the police booked the accused person for the offence punishable under Sections 363, 366, 376, 504 and 506 of the Indian Penal Code and charge -sheet was filed 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.22 of 2011. 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 :