PARASBHAI GORDHANBHAI RATHOD @ DEVIPUJAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant­original accused, under Section 374 of the Cr. P.C., against the Judgment and order dated 23.06.2011 by the learned 3rd Additional Sessions Judge, rendered Bhavnagar, Camp at Botad, in Sessions Case No.150 of 2010, whereby the appellant -accused was convicted for the offence punishable under Section 363 of the Indian Penal Code and sentenced to undergo 4 years rigorous imprisonment with fine of Rs.1,000/ -, in default of payment of fine, further simple imprisonment of 3 months, for the offence punishable under Section 366 of the IPC and sentenced to undergo 7 years rigorous imprisonment with fine of Rs.1,000/ -, in default of payment of fine, further simple imprisonment of 3 months, whereas for the offence punishable under Section 506(2) of the IPC and sentenced to undergo 4 years rigorous imprisonment with fine of Rs.1,000/ -, in default of payment of fine, further simple imprisonment of 3 months and for the offence punishable under Section 354 of the IPC and sentenced to undergo 2 years rigorous imprisonment with fine of Rs.5,00/ -, in default of payment of fine, further simple imprisonment of 1 month.

(2.) According to the prosecution case, as per the complaint of complainant -Bahadurbhai Mansangbhai Devipujapk, on 14.03.2010, at about 3:30 p.m., when his minor daughter aged about 13 years old was alone at their residence, appellant -accused with a view to take undue advantage of her loneliness, took her away from their legal guardianship without her consent and by threatening of killing her from Botad to Paliyad, Rajkot and Junagadh. The accused slept with her and used to move his hands on the private part of body of the victim and also kissed her. Thereby, the appellant -accused outraged her modesty and misused her. As a result of which, a complaint was filed by the complainant before the Botad Police Station bearing registration C.R.No.28 of 2010 against the appellant accused for the offences punishable under Sections 363, 366, 506(2) and 354 of the Indian Penal Code. Thereafter, the investigation was carried out and statements of witnesses and victim were recorded. Victim was sent to the hospital for medical check -up and clothes of the victim were also recovered. Then, appellant -accused was arrested and he was sent to hospital for medical check -up. Panchnama was drawn and muddamal were recovered and the same was sent to the FSL. Junagadh for analysis report. On receipt of the report of the FSL, charge -sheet was filed against the appellant -accused for the alleged offence before the learned Judicial Magistrate First Class, Botad, which was numbered as Criminal Case No.465 of 2010. As the said case was exclusively triable by the Court of Sessions, learned Chief Judicial Magistrate, Botad, committed the case to learned Sessions Judge, Bhavnagar, which was thereafter, numbered as Sessions Case No.150 of 2010.

(3.) On the basis of above allegations, charge was framed against the appellant -accused vide Exh.7 and read -over and explained to the appellant -accused for the offences punishable under Sections 363, 366, 506(2) and 354 of the Indian Penal Code. Then plea was recorded, wherein, appellant -accused pleaded not guilty to the charge and claimed to be tried.