STATE OF GUJARAT Vs. NARANBHAI MOHANBHAI NINAMA

JUDGEMENT

(1.) AT the outset, it is required to be noted that, though, bailable warrant is issued to the original accused -Respondent, herein, it appears that same has not been served on him, till dated.

(2.) THIS is an appeal by the appellant - State, challenging the judgment and order passed by the learned 7th (Ad hoc)Addl. Sessions Judge, Surat (for short, 'the trial Court'), Dated : 10.04.2012, whereby, it convicted and sentenced the original accused as under;

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant, who happened to be the father of the victim, lodged a complaint on 09.12.2010 before Kamrej Police Station, wherein, he stated that he does labour work and resides with his family consisting his wife and four children including the victim at the address mentioned in the complaint. It is stated in the complaint that on 27.11.2010, while the complainant was present at the house of his sister, who resides at Vyara, at about 08:30 a.m., he received a telephone call from his wife, informing him that the victim, who was aged about 15 years, at that point of time, was missing. It is stated in the complaint that the accused - Respondent, who was residing in the same vicinity, was also missing from the day the victim went missing. It is, further, alleged in the complaint that the accused used to contact the complainant over the phone and used to inform him about their location. It appears that, then, the accused came to be arrested on 11.12.2010. On completion of the investigation, on finding sufficient evidence, police lodged a chargesheet. At the time of trial, since, the accused did not plead guilty, the trial was conducted.