HURE ALI SAEED JAMALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Criminal Appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' CrPC "), the appellant - original convict has challenged the judgment and order dtd. 10/4/2013 passed by the learned Additional Sessions Judge, Court No.3, Ahmedabad city in Sessions Case No.43 of 2010, whereby the appellant is sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000.00 and in default, to undergo six months' rigorous imprisonment for the offence punishable under Sec. 363 of the IPC. For the offence punishable under Sec. 366 of the IPC, the appellant-original accused is sentenced to undergo rigorous imprisonment of ten years and to pay fine of Rs.5,000.00 and in default, to undergo rigorous imprisonment of six months. For the offence punishable under Sec. 376 of the IPC, the appellant-original accused is sentenced undergo rigorous imprisonment of life. For the offence punishable under sec. 342 of the IPC, the appellant-original accused is sentenced to undergo rigorous imprisonment of one year and to pay fine of Rs.1,000.00 and in default, to undergo rigorous imprisonment of fifteen days and for the offence punishable under Sec. 506(1) of the IPC, the appellant- original accused is sentenced to undergo rigorous imprisonment of two years and to pay fine of Rs.2,000.00 and in default, to undergo rigorous imprisonment of one month and all the sentences were ordered to run concurrently.

(2.) The Appeal came to be admitted. The Registry has received the Record and Proceedings along with the paper-book which has been supplied to the learned advocate for the respective parties.

(3.) It is the case of the prosecution that a complaint was filed against the accused by the learned trial Court to the effect that on 23/9/2009 at about 24.00 hours, the accused took the minor girls of the complainant named Hema aged 16 years and Bharti aged 14 years 10 months, from the residence of the complainant Nagjibhai Amratbhai, House No.37, Rabari ni Chali, Amraiwadi, Ahmedabad, by tempting and luring them and took them from the legal guardianship of the complainant and kidnapped them, confined them in the house of the accused and threatened them that "if they will not do as per his say, he will kill their parents and brother" and without the consent of the girls, committed rape on them and thereafter asked for ransom of Rs.50,000.00 from their father on telephone and thereby committed offences under Ss. 363, 366, 376, 342 and 506(1) of the Indian Penal Code.