DINESHBHAI SOMABHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present conviction Appeal has been filed by the appellant -original accused, under Section 374(2) of the Cr.P.C., against the Judgment and order dated 30.09.2011 passed by the learned Additional Sessions Judge, Navsari, in Sessions Case No. 32 of 2010, whereby the appellant -accused was convicted for the offence punishable under Section 363 of the Indian Penal Code and sentenced to undergo 3 years simple imprisonment with fine of Rs. 500/ -, in default of payment of fine, further simple imprisonment of 1 month and for the offence punishable under Section 376 of the IPC and sentenced to undergo 7 years simple imprisonment with fine of Rs. 2,000/ -, in default of payment of fine, further simple imprisonment of 3 months.

(2.) ACCORDING to the prosecution case, one Bhurabhai Prajapati -complainant, resident of Mithilanagar, Rustamvadi Road, Taluka and District Navsari was living with the family members and working in a factory. He has two daughters and 2 sons. Daughter Varsha was round about 15 years old and studied upto standard 6th. Another daughter Sukhiben was 18 years old and two sons were staying. On 28.03.2010, when he came back from the factory for lunch, his wife Vadliben informed him that Versha was present in the morning, but after 10:30 to 11:00, she was missing. Further, her friend, Daksha, daughter of Velabhai Bhagabhai Prajapti came to her and after talking with Versha, she went away. So, complainant and his wife went to Velabhai's home to inquire about Versha, where Daksha was present. When Dakhas was asked regarding Versha, she replied that she never come to her and she did not know whereabouts of Versha. Then, Velabhai and his wife Gangaben told them that her daughter Versha was taken away by nephew -Dineshbhai -accused herein of Velabhai and Gangaben. Therefore, the complainant and his wife inquired through relatives and they came to know that one Dineshbhai Somabhai Prajapati, resident of Chholpur, Taluka: Revghar, District: Shihori, Rajasthan took away her daughter by tempting her from the legal guardianship of them. Efforts were made by the complainant to find out her daughter Versha, but as all efforts gone in vain, the complainant filed complaint on 12.04.2010 against the appellant -accused before the Navsari Rural Police Station bearing I -C.R. No. 41 of 2010. Thereafter, the investigation was carried out and statements of witnesses and victim were recorded. It came to the knowledge of the Investigating Officer that Dineshbhai took away victim Versha with the help of friend Mr. Ravtabhai at Rajasthan. Thereafter, ASI, Hasmukbhai Tandel, found out the appellant -accused and victim from Rajasthan, but Ravtabhai could not be traced out. Then, statement of the victim was recorded and clothes of the victim and appellant -accused were sent to the hospital for medical check -up. Then, birth certificate of the victim obtained from the school and statement of the Principal was also recorded. Then, recovered muddamal were sent to the FSL and medical certificates were of both accused and victim were obtained from Medical Officer. Then, offence under Section -376 of the Indian Penal Code was added. Then, Investigating Officer gave details for warrant under Section -70 to declare Ravtabhai as absconder. Panchnama of place of offence was drawn and tagged with the papers. On receipt of report from FSL, a charge -sheet was filed against the appellant -accused for the offence punishable under Sections -363, 366A, 376 and 114 of the Indian Penal Code before the learned Judicial Magistrate First Class, Navsari. As the said case was exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class, Navsari, committed the case to learned Additional Sessions Judge, Navsari, which was thereafter, numbered as Sessions Case No. 32 of 2010.

(3.) IN support of the prosecution case, prosecution has examined following oral evidences: - -