RAJESH @ PINTU NAGINBHAI LUHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 31.12.2009 passed by the learned Sessions Judge, Kheda at Nadiad, in Sessions Case No.28 of 2009. The said case was registered against the appellant original accused for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code. The appellant is sentenced to undergo R.I. for five years and fine of Rs.10,000/, in default, R.I. for one year for the offence punishable under Sections 363 of the Indian Penal Code. He is further sentenced to undergo R.I. for five years and fine of Rs.10,000/, in default, R.I. for one year for the offence punishable under Sections 366 of the Indian Penal Code and R.I. for ten years and fine of Rs.15,000/, in default, R.I. for two years for the offence punishable under Sections 376 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, the complainant is residing at House No.B/5, Greenland Park Society, Mission Road, with his family and working as nurse in B.K.Shah Hospital. Her family consists of her husband, two children, motherinlaw and fatherinlaw. Her husband is working in New Shorok Mill. Her fatherinlaw was driver in Gujarat State Road Transport Corporation and presently he is retired. On 30.6.2008, the complainant was at service and as her husband is serving in Mill, he went for service in the noon shift of 7:00 to 3:30 and due to death of relative her fatherinlaw went to Anand since morning. Her motherinlaw and two children were at home. At 2 O'clock daughter of the complainant told her grandmother that she is going to purchase shampoo and she did not return home till 3 O'clock. Therefore motherinlaw of the complainant phoned the complainant and told her that victim daughter had gone to purchase shampoo since 2 O'clock but till then she did not return home and, therefore, the complainant returned to home and made inquiry from the relatives, but she could not get the whereabout of the victim. Therefore, on 5.7.2008, she went to Nadiad West Police Station and gave an application that her daughter has left the house without informing anything. Thereafter, the complainant came to know that her niece viz. Airin Augustin Christian, resident of Sevaliya eloped with one Kalubhai Gulabbhai Saiyed and problem was going on between them and, therefore, the complainant had kept her at her house. At that time, Kalubhai was making phone calls at the house of complainant and was talking to her niece and, therefore, with the help of her niece and Kalubhai, Pintubhai Rajeshbhai Luhar, resident of Angadi, Taluka : Thasra had eloped the victim daughter of the complainant. The complainant lodged complaint that the victim girl was with Pintubhai Rajeshbhai Luhar at that time. As per the case of the complainant the victim Rita lived with the accused No.1 for three months and thereafter as she was presented in the High Court of Gujarat her parents got her custody. Medical test of victim and accused was conducted. So far as accused No.1 is concerned, he took the victim girl Rita to Vadodara, Halol, Dakor and Shakti Guest House and committed rape on the victim without her consent. At the initial stage, FIR bearing CR No.I75 of 2008 for the offence punishable under Sections 363, 366 and 114 of the Indian Penal Code was registered in West Nadiad Police Station and, thereafter, Section 376 of the Indian Penal Code was added against accused No.1.

(3.) ON the basis of the above allegations, investigation was carried out and statements of several witnesses were recorded. During the course of the investigation, accused persons were arrested and, ultimately, chargesheet came to be filed against them. As the case was sessions triable, the same was committed to the Court of Sessions.