MUKESHBHAI RAMENBHAI CHUNARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 08.07.2011 passed by the learned Second Additional Sessions Judge, Ahmedabad, in Sessions Case No.200 of 2009. The said case was registered against the appellant­original accused for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code. The appellant is sentenced to undergo R.I. for two years and fine of Rs.1000/, in default, S.I. for two months for the offence punishable under Sections 363 of the Indian Penal Code. He is further sentenced to undergo R.I. for three years and fine of Rs.1000/, in default, S.I. for two months for the offence punishable under Sections 366 of the Indian Penal Code and R.I. for seven years and fine of Rs.2000/, in default, S.I. for four months for the offence punishable under Sections 376 of the Indian Penal Code.

(2.) According to the prosecution case, the complainant Vindodbhai Dahyabhai Chunara residing at Kuha, Taluka : Dascroi, Dist. Ahemdabad lodged a complaint before Kanbha Police Station on 11.06.2009 that he resides with his family at village Kuha and he is a driver. He has two daughters and three sons; out of which the elder daughter Sarika is 19 years old and she is married. Mayur is younger to her and he is 16 years old and a daughter younger to him is a victim girl. The victim girl is of fourteen years and two months. On 8.6.2009, at about 8 O'clock in the morning, he went out taking his vehicle for work. When he returned home at about 7 O'clock in the evening, his wife Bhagvatiben told him that our daughter has left taking her bicycle at 5 O'clock in the evening and she has not returned yet. They inquired about her at the house of their relatives and in a village, but their daughter was not found. On 9.6.2009, he went to Kanbha Police Station and filed missing complaint of his daughter. On 11.6.2009, he got an information that his daughter is at Dahegam bus stand. Therefore, he and his wife Bhagvatiben and brotherinlaw Bhupatbhai went to Dahegam bus stand taking their vehicle. On Dahegam bus stand, son in law of his village Chunara Sureshbhai Prahladbhai was standing alongwith his daughter. Upon asking Sureshbhai, he told that Mukesh Ramanbhai Vaghri of village Badalpur had come taking your daughter to bus stand. Therefore, I have not allowed her to go. On asking her daughter by him, she told that, "Mukeshbhai Ramanbhai Vaghri allured me with a promise of marriage and brought me here from village Kuha and he has committed rape on me." He immediately took his daughter to Kanbha Police Station and filed a complaint against the accused. On the basis of the aforesaid complaint, an offense u/s ­ 363, 366, 376 of the Indian Penal Code was registered vide I ­ C.R.No. 52/09 and the investigation as per law was undertaken.

(3.) On the basis of above allegations, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him. As the case was sessions triable the same was committed to the Court of Sessions.