JAGDISH @ JAGLO KARSANBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, under section 374 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated dated 29/12/2011, passed by the learned Additional Sessions Judge and Special Judge, Gandhidham - Kuchchh, in Special Atrocity Case No. 29 of 2008, whereby the appellant herein - original accused has been convicted for the offence punishable under Section 363 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo rigorous imprisonment for three years and a fine of Rs.15,000/ and in default of payment of fine, to undergo, further simple imprisonment for six months. Out of the fine, a sum of Rs.14,000/ was ordered to be paid to the victim.

(2.) Facts in nutshell of the prosecution case are that on 07/03/2008 at about 1:00 a.m., the appellant - accused allegedly kidnapped the sister of complainant - Kanaram Jodharam Barupal, aged 18 years, knowingfully well that they belong the reserved caste and with an intention to degrade them, from the lawful guardianship of the complainant giving undue temptation and with intent to marry her against her will and also forcibly raped her and for the said alleged offence, a complaint came to be lodged against the accused for the offences punishable under Sections 363, 366 and 376 of the IPC and Section 3(1)(xii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Heard Mr. Umesh Trivedi, the learned advocate for the appellant - original accused and Mr. K. L. Pandya, the learned Additional Public Prosecutor for the respondent - State.