PARBATBHAI MUNJABHAI SOLANKI 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 31.8.2010 passed by the learned Additional Sessions Judge, Porbandar, in Sessions Case No.47 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.5000/, in default, R.I. for three months 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.5000/, in default, R.I. for three months for the offence punishable under Sections 366 of the Indian Penal Code and R.I. for seven years and fine of Rs.5000/, in default, R.I. for four months for the offence punishable under Sections 376 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, on 6.6.2008 at about 14:30 hours the accused took the victim minor girl aged about 16 years from the guardianship of complainant from Kutyana Thepda Zapa, Dalitvas, enticing her for marriage, at the place, date and time mentioned above with intention of committing rape against her will. The accused person kidnapped Hinaben and took her to Guest House at Junagadh and committed rape against her wish. The complainant lodged the complaint with Kutyana Police Station. On the basis of the aforesaid complaint, an offense u/s 363, 366, 376 of the Indian Penal Code was registered.

(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, charge sheet came to be filed against him. As the case was sessions triable the same was committed to the Court of Sessions.