MITHUNBHAI BAVABHAI MANKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present conviction Appeal has been filed by the appellant original accused, under Section 374(2) of the Cr. P.C., against the Judgment and order dated 30.04.2012 passed by the learned Sessions Judge, Vadodara, in Sessions Case No.174 of 2011, whereby the appellant -accused was convicted for the offence punishable under Section 363 of the Indian Penal Code and sentenced to undergo 2 years rigorous imprisonment with fine of Rs.500/ -, in default of payment of fine, further simple imprisonment of 15 days, for the offence punishable under Section 366 of the IPC and sentenced to undergo 2 years rigorous imprisonment with fine of Rs.500/ -, in default of payment of fine, further simple imprisonment of 15 days and for the offence punishable under Section 376 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 2 months.

(2.) ACCORDING to the prosecution case, complainant was residing at Khandha, Narmada Navi Vasahat, Taluka: Vaghodiya, District: Vadodara with his family. The complainant, his minor daughter (victim) and the present appellant -accused were doing labour work together at Savan Company. It is further the case of the prosecution that the appellant had abducted the victim from the legal guardianship of her parents by inducing her for marriage and just to keep physical relation with her. Thereafter, appellant -accused moved with her Madhya Pradesh and different other places and forcefully committed sexual intercourse. Prior to filing of the complainant also, the appellant -accused committed rape with her in the Sim of his village. In this regard, the complainant met appellant - accused's father and mother and they gave assurance that they would give bring their daughter back and therefore, the complainant filed the complainant after some time. Thereafter, the complaint filed by the complainant against the appellant -accused for the offences punishable under Sections -363, 366 and 376 of the Indian Penal Code before the Vaghodiya Police Station, Vadodara bearing registration No.I -C.R.No.35 of 2011.

(3.) ON the basis of above allegations, charge was framed against the appellant -accused vide Exh.5 and read -over and explained to the appellant -accused for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code. Then plea was recorded, wherein, appellant -accused pleaded not guilty to the charge and claimed to be tried.