ARJUNSINGH MANSINH CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present Appeal, the appellant challenges the judgment and order dated 31.7.2010 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Anand, in Sessions Case No.79 of 2009, whereby the learned Sessions Judge has convicted the appellant accused for the offences punishable under Section 363 of the Indian Penal Code and ordered to undergo sentence for a period of one year rigorous imprisonment for the offence and to pay fine amount of Rs.1000/ -, in default of payment of fine, further to undergo rigorous imprisonment for a period of one month. For the offence punishable under Section 366 of the Indian Penal Code, the accused has been ordered to undergo sentence for a period of one year imprisonment and to pay a fine of Rs.1000/ -, in default, further to undergo two months imprisonment, for the offence punishable under Section 376 of the Indian Penal Code, the accused is ordered to undergo sentence for a period of ten years rigorous imprisonment and to pay a fine of Rs.5000/ -, in default,, to further undergo one years rigorous imprisonment and for the offence punishable under Section 506(2) of the Indian Penal Code, the accused is ordered to undergo six months rigorous imprisonment and to pay a fine of Rs.1000/ -, in default, to further undergo one year rigorous imprisonment. The accused has been given set off the period of undergone.

(2.) THE short facts of the case of the prosecution are such that the appellant accused kidnapped the minor daughter of the complainant, who was sleeping with her parents and by pressing her mouth with his hand, took away the minor in the field of bajara, where the accused raped upon the minor girl, aged about 10 years. After committing rape upon the minor, the accused threatened her not to say anything to her parents, otherwise, the accused will kill her with knife. Thereafter, the father of the victim girl went to the Police Station on 21.5.2009 and informed about the same. The victim girl was then sent to the private hospital at Anklav and the accused was booked for the offences punishable under Sections 363, 366, 376 and 506(2) of the Indian Penal Code before the Bhadran Police Station. The muddamal was sent to the FSL and then panchnama was drawn and the victim was also referred to PHC Hospital from the private hospital and cloths were recovered and after recording the statement of witnesses, 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.79 of 2009. Thereafter, the learned Sessions Judge framed the charge against the accused. The plea of the accused was recorded wherein they have 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 : <FRM>JUDGEMENT_15_LAWS(GJH)2_2015.htm</FRM>