(1.) Present appeal assails the judgment and order dated 16/06/2012, passed by the learned Additional Sessions Judge, Court No. 7, City Sessions Court, Ahmedabad, in Sessions Case No. 12 of 2010, whereby, while acquitting the original accused Nos. 2 and 3 from all the charges and the present appellant original accused No. 1 from the charge of offence punishable under Section 376 of the Indian Penal Code, 1860 (for brevity, 'the IPC'), the appellant original accused No. 1 came to be convicted for the offences punishable under Sections 363 and 366 of the IPC and for the offence punishable under Section 363 of the IPC, he was sentenced to undergo rigorous imprisonment (RI) for one year and six months and fine of Rs.1,000/ and in default of payment of fine, to undergo further simple imprisonment (SI) for one month and for the offence punishable under Section 366 of the IPC, to undergo RI for two years and fine of Rs.2,000/ and in default of payment of fine, to undergo further SI for two months. Both the sentences were to run concurrently. For the sake of convenience, the parties are hereinafter referred to as per their original status.
(2.) Brief facts of the prosecution case are that on 16/06/2007 at about 11:00 hours, the accused, in the aid and abetment of each other, allegedly kidnapped the minor daughter of the complainant, from her lawful guardianship, giving false temptation, knowing it to be likely that she will be forced or seduced to illicit intercourse. The accused No. 1 took her to Basiwada, Rajasthan and allegedly raped her and for the said offence, a complaint for the offences punishable under sections 363, 366 and 376 r/w. 114 of the IPC came to be lodged against them.
(3.) Heard Mr. Shailesh C. Sharma, the learned advocate for the appellant original accused No. 1 and Mr. K. L. Pandya, the learned Additional Public Prosecutor, for the respondent State.