IMRAN @ BAANDRO WAHIDBHAI KHALIFA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present Appeal, the appellant challenges the judgment and order dated 23.7.2010 passed by the learned Additional Sessions Judge, Presiding Officer, Fast Track Court No.3, Bhavnagar, Botad Camp, in Sessions Case No.13 of 2010, whereby the learned Sessions Judge has convicted the appellant accused for the offences punishable under Sections 363, 366, 376, 342 and 506(2) of the Indian Penal Code. The learned Sessions Judge ordered the appellant accused to undergo sentence for a period of five years rigorous imprisonment for the offence punishable under Section 363 of the Indian Penal Code and to pay fine amount of Rs.2000/ -, in default of payment of fine, further imprisonment for one year. The appellant was further ordered to undergo sentence for a period of 7 years rigorous imprisonment and to pay a fine of Rs.3000/ -, in default of payment of fine, further imprisonment for 3 months, for the offence punishable under Section 366 of the Indian Penal Code. The appellant was also ordered to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.5000/ - and in default of payment of fine, further imprisonment of one and half yearss, for the offence punishable under Section 376 of the Indian Penal Code. For the offence punishable under Section 342 of the Indian Penal Code, the appellant was ordered to undergo sentence for period of 6 months rigorous imprisonment and to pay a fine of Rs. 500/ -, in default of payment of fine, further imprisonment of two months and for the offence punishable under Section 506(2) of the Indian Penal Code, the appellant was ordered to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.1,000/ -, in default of payment of fine, further imprisonment of one year. All the sentences shall run concurrently and the accused has been given set off the period of undergone.

(2.) BRIEFLY stated, on 20.4.2008, the victim Gitaben was alleged to have been kidnapped and abducted by the accused Sohil Jahidbhai with intend to get marry and therefore, the complaint under Sections 366, 367 of the Indian Penal Code came to be lodged by the sister of the victim namely Kailashben. Thereafter, during the course of investigation, the read name of the accused appellant was revealed and it was also revealed that the victim was raped by the appellant accused. It was further revealed during the investigtion that the victim was raped by the accused and therefore, on 11.10.2009, the police made report to the Court to add Sections 376, 342, 506(2) of the Indian Penal Code. The police drew arrest panchnama. 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 Section 209 of the Code of Criminal Procedure before the Court of Sessions and same is numbered as Sessions Case No.13 of 2010. 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 : Sr. No. Name of the witnesses Exhibit P.W.1 Mahendrabhai Bakulbhai 37 P.W.2 Kailashben w/o. Rajeshbhai 35 P.W.3 Bachubhai Karshanbhai 16 P.W.4 Rahul Lalitbhai 19 P.W.5 Kuvarji Parsottam 20 P.W.6 Odhavji Manji 23 P.W.7 Batukbhai Parsottam 11 P.W.8 Dr. Khodabhai Lakhabhai 26 P.W.9 Umeshbhai Dhirajlal 36 P.W.10 Victim 35 P.W.11 Laxmiben Parsottam 36 P.W.12 Hiraben w/o. Bachubhai 37 P.W.13 Panchubha Manubhai 38 P.W.14 Pravinsinh Tapuji 41 P.W.15 Bhupatbhai Suringbhai Jebaliya 45