ASHOKKUMAR JAWAHARLAL KANOJIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate, Mr. A.K.Chitnis for the appellant-original accused No.3 and learned APP, Mr. K.L.Pandya, for the respondent-State.

(2.) During the course of hearing, learned APP has drawn attention of this Court on the judgment and order dated 31.8.2004 passed by a Division Bench of this Court in Criminal Appeal No.1048 of 2002 with Criminal Misc. Application No.6970 of 2004 qua original accused No.1-Razak @ Lalo Rajubhai Mansuri, who has been convicted for the offence punishable under sections 363, 366 and 376 of IPC. Relevant paragraph No.5 of the said judgment and order reads as under:

(3.) It is pertinent to note at this juncture that out of four accused, original accused Nos.2 and 4 were acquitted by the trial court and conviction was imposed only on original accused No.1 and present appellant-original accused No.3-Ashokkumar Jawaharlal Kanojia. Referring to the complaint as well as deposition of the complainant, it has come on record that the allegation against the present appellantoriginal accused No.3 was that he had purchased train tickets of original accused No.1 as well as the victim from his pocket and handed over the tickets to them and thereafter, he acted as per the direction given by original accused No.1 for handing over his vehicle. Considering the said role played by him, the trial court has imposed conviction of RI for five years each for the offence punishable under sections 363 and 366 read with section 114 of IPC. It appears from the above referred observations made by a Division Bench of this Court in above referred Criminal Appeal No.1048 of 2002 with Criminal Misc. Application No.6970 of 2004 qua original accused No.1-Razak @ Lalo Rajubhai Mansuri that as such, the victim girl and original accused No.1 were residing in the neighbourhood of each other and a result of that, they developed liking for each other which ultimately culminated in their eloping to Lucknow. It has come on record that the present appellantoriginal accused No.3 has undergone one month and nineteen days of imprisonment.