THAKORE DINESHJI BALVANTJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No.1102 of 2011 is preferred by the State of Gujarat/appellant under Section 377 of the Code of Criminal Procedure, 1973 against the judgement and order of sentence passed by the Special Judge, Patan in said Atrocity Case No.2 of 2011 on 30th June, 2011 for the offence punishable under Section 363, 366 of Indian Penal Code and Section 3 (1) (12) and Section 3 (2) (5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The learned trial Judge acquitted the respondent-accused of offence under Section 376 of Indian Penal Code. However, convicted for Section 363 of Indian Penal Code imposed 3 years of rigorous imprisonment and fine of Rs.500/- and default thereto to undergo 9 months of simple imprisonment. For the offence punishable under Section 366 of Indian Penal Code having recorded the conviction imposed 4 years of rigorous imprisonment fine of Rs.500 and default thereto 1 year of simple imprisonment. Further for the offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act to which mention is made herein above having recorded the conviction imposed sentence of 6 months of rigorous imprisonment fine of Rs.500 and default there to 1 month of simple imprisonment. All the sentence to run concurrently and awarded compensation under Section 375(3) of Code of Criminal Procedure, that accused is to pay the fine.

(2.) Criminal Appeal No. 995 of 2011 is preferred by the convict appellant challenging the conviction and sentence so recorded to which, mention is made in earlier paragraph appeal is under Section 374 (2) of Code of Criminal Procedure, 1973.

(3.) The brief facts of the prosecution case is that the complainant Parsottambhai Maganbhai Parmar, registered his complaint at Kakoshi Police Station, Dist: Patan, stating therein that on 5.11.2010, the accused Thakor Dineshbhai Balvantji knowing that the daughter of complainant was belonging to scheduled castes, in furtherance of his criminal intention by giving false temptation, abducted the daughter of complainant from the lawful custody of her parents without her will and consent, and with an intention to commit sexual intercourse with her, took her to Kalol by inducing her and committed rape on her very often. Thereby, the accused committed offences punishable under Sections 363, 366, 376 of Indian Penal Code and Section 3 (1) (12) and 3(2) (5) of Prevention of Atrocities Act.