STATE OF GUJARAT Vs. RAMESH SOMABHAI AMALIYAR

JUDGEMENT

(1.) Heard Ms.Dhwani Tripathi learned APP appearing for the appellant herein.

(2.) This is an appeal under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973, wherein, the appellant herein is aggrieved by the judgement and order of the acquittal passed by the Additional Sessions Judge, Panchmahal at Godhara, in Sessions Case No.148 of 1997 dtd. 2/7/1998.

(3.) Briefly stated, the facts are that on 06/05/1997 at 19:30 hrs, the accused, namely Ramesh Somabhai Amaliyar, by luring and enticing Samudiben, the minor daughter of the complainant, Shakariyabhai Ditiyabhai, with an intention to have sexual intercourse with her before marriage, forcefully pulled Samudiben from a place near Dahod Town Taluka Panchayat Office and compelled her to board the rickshaw bearing registration no. GJ-17/U-188; thus by abducting her from the lawful guardianship of the complainant, Shakariya Ditiyabhai, the accused, namely Ramesh Soma, raped and had sexual intercourse with her; and Bhagvandas, Virsinh Chhaganbhai and Kikabhai, viz. accused no. 2 to 5, by aiding and abetting him, and thereby they have committed an offense punishable under Sec. 363 , 366 , 376 , 114 of I.P.C.