MAHESH SHIYARAM SHARMA (PANDIT) 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 04.08.2010 passed by the learned Second Additional Sessions Judge, BhujKutch, in Sessions Case No.51 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.500/, in default, R.I. for fifteen days 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.500/, in default, R.I. for fifteen days for the offence punishable under Sections 366 of the Indian Penal Code and R.I. for seven years and fine of Rs.1000/, in default, R.I. for one month for the offence punishable under Sections 376 of the Indian Penal Code.

(2.) According to the prosecution case, the complainant was residing in Jeshthanagar at Bhuj with his wife, daughter Roshni and son Mehul. On 30.6.2009, the wife of the complainant had gone to Katariya village for her catering work and the complainant, the victim and son Mehul were present at the house. They went to sleep after having food in the night and when they woke up in the morning on 01.7.2009 at 0800 o'clock, the victim was not present at the house. Therefore, he asked his son Mehul about it. As the victim was not found, inquiry was made at the places of relatives. Thereafter, the complainant also informed his wife Chandrikaben and she arrived. Thereafter, despite having searched at the places of the relatives and in the surrounding area, as the victim was not found, Missing Entry no. 41/2009 was registered with the police on 6.7.2009. Thereafter, during the investigation it was found that the present accused himself had kidnapped the minor girl of the complainant from the legal guardianship of the complainant without his consent and she was kidnapped by giving promise of marriage, despite having knowledge that there was possibility of extramarital sexual intercourse. First, the complaint was registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code and thereafter, when the victim was found, offence under section 376 of the Indian Penal Code was also added.

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