HUSAINBHAI HASAMBHAI SANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This matter has been reconstructed. The extract of the Register shows that the Rule was issued vide order dated 11/08/1994 and on the said date, the petitioner was continued on the same bail and fresh bond. The matter is taken up for final hearing today.

(2.) Having considered the rival contentions, it appears that the petitioner was alleged to have committed the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code (for short the IPC). While he was acquitted of the offences punishable under Sections 366 and 376 of the IPC, he was convicted and sentenced to imprisonment for the offence under Section 363 of the IPC. Against which the appeal was preferred, which also came to be rejected. Hence, this revision application.

(3.) Learned Counsel for the applicant drew attention of this Court to the contradictions in the findings rendered by the trial Court. Insofar as Section 366 of the IPC is concerned, the learned Judge found no evidence in support of act of kidnapping as defined in Sections 359 and 361 of the IPC; whereas, insofar as Section 363 is concerned, the learned Judge was swayed away by the age of the accused at the relevant point of time i.e. 37 years and that of the prosecutrix, being less than 18 years and the fact that prosecutrix was called by him telephonically.