JAYRAJSINH RAMSUNG JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been preferred by the appellant - convict (i.e. the original accused) under Sec. 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and is directed against the judgment and order of conviction and sentence dtd. 11/9/2024 passed by the learned Special (POCSO) Judge and 2nd Additional Sessions Judge, Devbhoomi Dwarka at Khambhaliya, in Special (POCSO) Case No.01 of 2023.

(2.) By the aforesaid judgment and order of conviction, the present appellant-accused has been held guilty and convicted for the offences punishable under Ss. 363, 366, 376 of the Indian Penal Code as well as under Ss. 3(a), 4 and 18 of the Protection of Children from Sexual Offences Act, 2012, and consequently, the appellant-convict has been ordered to undergo sentence as under :

(3.) The case of the prosecution, in a nutshell, is that on 28/12/2022 between 12:30 hours and 18:00 hours, the appellant-convict had lured and enticed away the minor daughter of the complainant aged about 16 years and 03 months under the fake promise of marrying her though he was knowing that she was a minor, thereby abducting and kidnapping her from the lawful guardianship of the complainant with an ulterior motive to have illicit relationship with her, and ultimately, committed rape on the minor daughter of the complainant.