SURESHBHAI MAGANBHAI VAGHELA (TADPADA) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As the common judgment and order are under challenge in the present appeals, the same were heard together and are being decided by this common judgment and order.

(2.) Present appeals assail the judgment and order dated 07/03/2014, passed by the learned 6th Additional Sessions Judge, Nadiad, in Sessions Case No. 111 of 2013, whereby, the present appellants - original accused came to be convicted for the offences punishable under Sections 363 and 366 of the Indian Penal Code, 1860 (for brevity, 'the IPC'). The appellant herein - original accused No. 1 was also convicted for the offence punishable under Section 376 of the IPC. For the offence punishable under Section 363 of the IPC, they were sentenced to undergo simple imprisonment (SI) for two years and fine of Rs.1,000/ each and in default of payment of fine, to undergo further SI for 10 days and for the offence punishable under Section 366 of the IPC, to undergo SI for two years and fine of Rs.1,000/ each and in default of payment of fine, to undergo further SI for 10 days. For the offence punishable under Section 376 of the IPC, the appellant herein - original accused No. 1 was sentenced to undergo SI for seven years and fine of Rs.2,000/ and in default of payment of fine, to undergo further SI for 10 days. All the sentences were to run concurrently. Accordingly, Criminal Appeal No. 742 of 2014 has been filed by the accused No. 2 whereas, the Criminal Appeal No. 1488 of 2014 has been filed by the accused No. 1 against conviction. For the sake of convenience, the parties are hereinafter referred to as per their original status.

(3.) Brief facts of the prosecution case are that on 02/02/2013 at about 18:00 hours, the accused allegedly kidnapped the minor daughter of the complainant, aged about 15 years and 04 months, from his lawful guardianship, giving false temptation, knowing it to be likely that she will be forced or seduced to illicit intercourse, made her to sit on a motorcycle and took her to a lake situated at Village: Mahudha and thereafter, at Village: