MANUBHAI @ MANABHAI RAMBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present Appeal, the appellant challenges the judgment and order dated 17.7.2010 passed by the learned Presiding Officer, First Fast Track Court, Amerlia, Camp at Rajula, in Sessions Case No.69 of 2008, whereby the learned Sessions Judge has convicted the appellant accused for the offences punishable under Sections 376, 366, 363 of the Indian Penal Code and ordered to undergo sentence for a period of seven years rigorous imprisonment for the offence punishable under Section 376 of the Indian Penal Code and to pay fine amount of Rs.200/ -, in default of payment of fine, further to undergo simple imprisonment for 15 days. The appellant was further ordered to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.200/ -, in default of payment of fine, further to undergo simple imprisonment for 15 days, for the offence punishable under Section 366 of the Indian Penal Code and for the offence punishable under Section 363 of the Indian Penal Code to undergo rigorous imprisonment for 1 year and to pay fine of Rs.200/ -, in default of payment of fine, further to undergo simple imprisonment of 15 days. All the sentences shall run concurrently and the accused has been given set off the period of undergone.

(2.) BRIEFLY stated, on 13.3.2008, the daughter of the complainant disappeared from the wadi. She did not keep well and she went to take rest at that time, the accused was doing farming work in the field in the partnership of the complainant. The accused came to the daughter of complainant and told her that he would put her at home on motorcycle. Then the accused and victim proceeded on motorcycle. Since the daughter of the complainant could not reach at home and also the accused was not present at home, the complainant made attempt to search his daughter and she could not be found, therefore, complaint was lodged by the complainant against the accused that his daughter was taken away by the accused for the offences punishable under Sections 363, 376, 366 of the Indian Penal Code. Thereafter, the investigating officer has filed the charge -sheet against the accused and the offence was exclusively triable by the Sessions Court, the case was committed under Sections 209 of the Code of Criminal Procedure before the Court of Sessions and same is numbered as Sessions Case No.69 of 2008. Thereafter, the learned Sessions Judge framed the charge against the accused. The plea of the accused was recorded wherein he has denied the charge levelled against him. Therefore, the trial has been conducted against the accused.

(3.) TO prove the case against the accused, the prosecution examined following witnesses : <FRM>JUDGEMENT_297_LAWS(GJH)1_2015.htm</FRM>