NIZAMBHAI AMIRBHAI PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal is directed against judgment and order dated 02.04.2009 passed by learned Additional Sessions Judge, 3rd Fast Track Court, Mehsana, in Sessions Case No. 147 of 2008. The appellant -accused was tried for the offences under Sections 363, 366 and 376 of the Indian Penal Code, 1860. As per the impugned judgment and order, the appellant came to be convicted for the said offences.

(2.) THE case of the prosecution revealing from the complaint (Exh.22) was that on the date of incident, that is, on 03.06.2008 in the morning hours at around 8 o'clock, husband of the complainant had gone for some work, whereas the complainant and his son had gone to nearby Wada, where their house was being constructed. Their daughter was at home for completing household works. At that time, the talks of marriage of the daughter were going on. The son went back to the house and brought tea prepared by the daughter.

(3.) FIRST Information Report being C. R. No. I 50 of 2008 in respect of offences punishable under Sections 363, 366 and 376, IPC, was registered.