STATE OF GUJARAT Vs. DHANJIBHAI BABUBHAI BAHUKIYA

JUDGEMENT

(1.) THESE appeals arise out of the judgment of the Sessions Court dated 16.4.2012 in Sessions Case No.133 of 2008. The accused was charged with the offences punishable under sections 363, 366 and 376 of the Indian Penal Code. The Trial Court convicted the accused for all the offences. For the offence under section 376, he was sentenced to rigorous imprisonment of seven years. For the offence under section 366, he was sentenced to rigorous imprisonment of three years. In both the cases, separate fines were imposed. No separate sentence was awarded for the offence under section 363 of the Indian Penal Code. Substantive sentences were made concurrent.

(2.) THE accused has challenged his conviction in Criminal Appeal No.1049 of 2011. The State seeks enhancement of sentence and has filed Criminal Appeal No.1181 of 2011.

(3.) BRIEFLY stated the prosecution version was that the accused had kidnapped the prosecutrix when she was below 16 years of age. He took her to an isolated place in a field and raped her.