RAMNARESH @ LALLA INDALSINGH RAJPUT 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 13.08.2012 passed by the learned Special Judge and Additional Sessions Judge, Court No.5, City Civil and Sessions Court Ahmedabad, in Special Sessions Case (Atrocity) No.34 of 2011, whereby the appellantaccused was convicted for the offence punishable under Section 363, 366 and 376 of the Indian Penal Code and acquitted for the offence under Section 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989accused was sentenced to undergo 7 years rigorous imprisonment with fine of Rs.1000/, in default of payment of fine, further simple imprisonment of 1 month and the offence under Section 363 of the IPC and for the offence punishable under Section 366 of the IPC and sentenced to undergo 7 years rigorous imprisonment with fine of Rs.1000/, in default of payment of fine, further simple imprisonment of 1 month and for the offences punishable under Section 376 of the IPC and sentenced to undergo 7 years simple imprisonment with fine of Rs.1,000/, in default of payment of fine, further simple imprisonment of 1 month. All the sentence shall run concurrently.

(2.) ACCORDING to the prosecution case, one Amrutlal Dalsukhbhai Shrimali staying at Javarhar Chowk, Sabarmati, Ahmedabad, serving as driver in the Jay Bharat Security Service, Rajkot. He was staying at the said place alongwith his family and three daughters. One of the daughters i.e. Puja was studying in 10th standard and her birth date is 15.05.1995. On 26.05.2010 in his house engagement ceremony of his elder daughter Shital was going on, for the said event the catering work was allotted to one Bhagwansinh @ Banti Rajput owner of Raj Caterers. Therefore, Bhagwansinh and Ramnaresh @ Lala Rajput, who is accused had come with all food grains at his house and at that time his daughter Puja was present. He has seen his daughter at round about 11.30 a.m. and then at round about 4.30 p.m., his daughter Puja was not present, so the complainant and other relative have tried to find out her at different places. Thereafter, the complainant has phoned to Bhagwansinh @ Banti and also verified whereabouts of Puja, so he has conveyed that his servant Ramnaresh has taken away his daughter, therefore, complainant has filed complaint before the Police Station. Then the police has registered the offence after 7 days. Puja came back to the house and she has disclosed that she was induced by accused and also offered for marriage and she was taken away by him and further submitted that he has made physical relation with her. Thereafter, in support of the complaint, the complainant has produced the caste certificate as he belongs to the scheduled caste and schedule tribes which was tagged with the investigation papers and birth certificate issued by the Ahmedabad Municipal Corporation were also produced to the Investigation Officer and those were also tagged with that papers. The victim as well as accusedappellant appeared before the police. So the statement of the victim Puja was recorded and for the medical checkup, she was sent to the hospital with female constable and with Yadi. The clothes of the victim were also recovered. Then, caste certificate of the victim as well as call details of mobile phones of Airtel and Reliance were obtained and statements of other witnesses were also recorded. As the complainant belongs to Scheduled Caste and Scheduled Tribes, the investigation was handed over to the Assistant Commissioner of Police, SC/ST Cell. Then, during the investigation first of all, the documents regarding the birth of the victim was also collected. Further, the investigation was carried out by the ACP, SC/ST Cell, so they have tried to find out them and under Section 376 the nonbailable warrant was also issued. They have tried to search them at Madhya Pradesh and then the accusedappellant was also arrested and panchnama was drawn, samples of muddamal were obtained. The statement of the appellantaccused Ramnaresh was recorded. Then, recovered muddamal were sent to the FSL and medical certificates of both accused and victim were obtained from Medical Officer. Panchnama of place of offence was drawn and tagged with the papers. On receipt of report from FSL, a chargesheet was filed before the Metropolitan Magistrate against the appellantaccused for the offence punishable under Sections363, 366 and 376 of the Indian Penal Code and then under Section 209 of the Cr.P.C., the Case was committed to the Sessions Court for further proceedings.

(3.) ON the basis of above allegations, charge was framed against the appellantaccused vide Exh.1, readover and explained to the appellantaccused for the offences punishable under Sections 363, 366, and 376 of the Indian Penal Code. Then plea was recorded at Exh.2, wherein, appellantaccused pleaded not guilty to the charge and claimed to be tried.