STATE OF GUJARAT Vs. VIKRAMBHAI @ MANDANBHAI CHHELABHAI BHARWAD

JUDGEMENT

(1.) Criminal Appeal No. 1653 of 2006 has been preferred by the State against the impugned judgement and order of conviction and sentence dated 29.04.2006 passed by the Additional Sessions Judge, Surendranagar in Sessions Case No. 37 of 2005 seeking enhancement of the sentence imposed under sections 363 & 366 of Indian Penal Code. Criminal Appeal No. 1655 of 2006 has also been preferred by the State against the acquittal of original accused no. 1, 3 & 4 vide judgement and order dated 29.04.2006.

(2.) It is the case of the prosecution that the complainant's niece, aged around 11 years, came to visit the house of the complainant on 16.08.2004. It is the case of the prosecution that while she was passing through Shekhpar Road, accused no. 1 came with jeep and accused no. 2 to 4 in connivance with accused no. 1 abducted her. The victim was taken to different places and was raped. A complaint was therefore lodged by the complainant. Pursuant to the complaint, investigation was carried out. After investigation, chargesheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Ms. C.M. Shah, learned APP appearing for the State has submitted that the trial court committed an error in imposing lesser punishment upon the original accused no. 2. It was contended by Ms. Shah, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and thereby imposed lesser sentence which is required to be enhanced. Learned APP has also taken this court through the oral as well as the entire documentary evidence. She submitted that the trial court also erred in acquitting the original accused no. 1, 3 & 4 when there was clinching evidence against them.