KISHORBHAI VERIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order dated May 26, 1980 passed by the Additional Sessions Judge, Nadiad in Sessions Case No. 84 of 1980, convicting accused No. 1 for the offence punishable under section 366 read with section 511 and accused No. 2 for the offence punishable under section 366 read with section 511 read with section 114 of the Indian Penal Code, the accused have filed this appeal.

(2.) At the time of hearing of this appeal, learned advocate for the appellants-accused stated that accused No. 1 has expired and, therefore, his appeal does not survive and he does not press for it.

(3.) It is the prosecution case that the Veribhai Mohanbhai, father of accused No. 1 had filed criminal complaint against. Manubhai Chunilal joshi and his daughter Minaben Manubhai Joshi in the Court of the Judicial Magistrate, F.C. Dakor at Thasra. The hearing of the said matter was fixed on July 25, 1979. On the said date the complainant Manubhai had gone to the Court at Dakor in the company of his daughter Mina, his son Virendra, his cousin Ratilal and Mangubhai. One Ashivin Kumar Shelat was his advocate. At about 1.30 P.M. the case was called out and was adjourned to August 22, 1977. As the matter was adjourned, they were returning home along with the advocate and other persons stated above. When they reached near the office of the Nagarpanchayat, Dakor, a taxi bearing No. GJH 5770 came from behind and stopped on the right side of Minaben. From the said taxi accused No. 1 Kishorbhai, accused No. 2 Rameshbhai and one taxi driver came out. Accused No. 1 caught hold the hand of Minaben, dragged her and tried to force her to sit in the taxi. The role assigned to accused No. 2 and the taxi driver was that both of them pushed Mina to force her to sit in the taxi. Minaben shouted for help and thereafter other persons came there and intervened. Accused Nos. 1 and 2 and the driver of the taxi sat in the taxi and left the place. The complainant, along with other persons thereafter went to Dakor police station and lodged FIR. After completing investigation, accused No. 1 was charge-sheeted for the offence punishable under section 366 read with section 511 and accused No. 2 was charge-sheeted for the offence punishable under section 366 read with section 511 read with section 114 of the Indian Penal Code. The case was committed to Sessions Court and was numbered as Sessions Case No. 84 of 1980. The learned Additional Sessions Judge, after appreciating the evidence, convicted the appellants and accused No. 1 was sentenced to suffer RI. for two years and fine of Rs. 500/-, in default, SI. for three months and to accused No. 2 was sentenced to suffer R. 1. for one year.