CHIMANBHAI KESHABHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been preferred by the appellant -original accused against the judgment and order dated 30.11.1999 passed by the learned Additional Sessions Judge, Court No.12, Ahmedabad, in Sessions Case No.17 of 1997 whereby the original accused was convicted and sentenced to undergo RI for two years with fine of Rs.1,000/ -, in default, to suffer further imprisonment for fifteen days for the offence punishable under section 354 of Indian Penal Code (hereinafter referred to as "IPC" for short), RI for six months with fine of Rs.250/ -, in default, to suffer further imprisonment for fifteen days for the offence punishable under section 342 of IPC, RI for two years with fine of Rs.500/ -, in default, to suffer further imprisonment for one month for the offence punishable under section 363 of IPC, RI for five years with fine of Rs.500/ -, in default, to suffer further imprisonment for one month for the offence punishable under section 366 of IPC and SI for one week with fine of Rs.250/ -, in default, to suffer further imprisonment for seven days for the offence punishable under section 323 of IPC. All the sentences were ordered to run concurrently. He was given set off for the period undergone in jail.

(2.) It is pertinent to note that as the learned advocate, Mr. R.K. Mishra submitted a note dated 14.6.2016 seeking permission to withdraw his appearance on behalf of the appellant, office has prepared a submission dated 15.6.2016 and placed the matter before this Court for order. However, during the course of hearing, as learned advocate, Mr. Mishra withdrew said letter dated 14.6.2016, following order has been passed by this Court on 4.7.2016:

(3.) Short facts of the prosecution case are that a complaint was lodged by complainant -Ramanbhai Madhubhai Bhil against the appellant -accused before Satellite Police Station for the offence punishable under sections 366(A), 342, 354 and 323 of IPC alleging inter alia that his minor daughter aged about six years was kidnapped by the appellant between 1.00 p.m. and 2.00 p.m. on 18.1.1996 from the lawful custody of her parents from open ground in front of Block No.A/2/16 situated at DOS (ISRO) Housing Colony at Vastrapur and took to his house situated at Block No.A/2/7 in the same campus and tried to penetrate his finger on her private part and outrage her modesty. Upon filing of the complaint, the police started investigation and at the end of investigation filed charge sheet in the Court.