BALDEVBHAI JAYANTIBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is of the year 2014 which has been listed for hearing, because this Court has permitted the matter to be listed for hearing as it is reported by Mr. Harnish V. Darji learned advocate that the prosecutrix and the accused, who is in jail, had married. Hence, this matter is taken up for final disposal.

(2.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 15.3.2014 passed by the learned 4th Addl. Sessions Judge, Nadiad in Sessions Case No. 96/2013, whereby, the learned trial Judge has convicted the appellant under sec. 363 of IPC and sentenced to undergo R/I for five years and to pay a fine of Rs. 500/ -, in default, to undergo further R/I for one month. The appellant is convicted under sec. 366 of IPC and sentenced to undergo R/I for seven years and to pay a fine of Rs. 1000/ -, in default, to undergo further R/I for two months. The appellant is also convicted under sec. 376 of IPC and sentenced to undergo R/I for ten years and to pay a fine of Rs. 1000/ -, in default, to undergo further R/I for two months, which is impugned in this appeal.

(3.) THE brief facts of the prosecution case is as under: 3.1 That the on 28.1.2008, the accused had kidnapped her by giving false promise to marry with her. The accused has taken her from one place to another place and committed rape on prosecutrix. On inquiring about the prosecutrix, her whereabouts were not found, therefore, a complaint was lodged with Kheda Town Police Station being CR No. I -17/2008 on 29.1.2008. The Investigating Officer, on completion of the investigation, submitted charge -sheet before the learned Judicial Magistrate first Class, Kheda. As the case was exclusively triable by the Court of Sessions, the learned Magistrate, committed the case to the Court of Sessions, which was numbered as Sessions Case No. 96/2013.