YOGESHBHAI RAMESHBHAI PUNTIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal assails the judgment and order dated 07/10/2014, passed by the learned Special Judge (POCSO), Amreli, in Special (POCSO) Case No. 02 of 2014, whereby, while acquitting present appellant - original accused for the offence punishable under Sections 366 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (for brevity, 'the POCSO'), he came to be convicted for the offences punishable under Sections 363 and 376 of the IPC and for the offence punishable under Section 363 of the IPC, he was sentenced to undergo rigorous imprisonment (RI) for three years and a fine of Rs.1,000/ and in default of payment of fine, to undergo, further simple imprisonment (SI) for one month, whereas, for the offence punishable under Section 376 of the IPC, to undergo RI for seven years and a fine of Rs.3,000/ and in default of payment of fine, to undergo, further SI for three months. Out of the fine, Rs.2,500/ were ordered to be paid to the victim. The sentences were to run concurrently besides, giving benefit of set off.

(2.) Filtering the unnecessary details the facts of the prosecution case are that on 11/12/2013 at about 9:30 p.m., the appellant herein - original accused allegedly kidnapped the minor daughter of the complainant, aged about 15 years, from his lawful guardianship, with a view to marry her, knowing well that the prosecutrix was a minor, and thereafter, committed rape on her. Thus, the appellant - accused committed the alleged offence punishable under Sections 363, 366 and 376 of the IPC and Sections 4 and 8 of the POCSO for which, a complaint came to be lodged against him. For the sake of convenience, the parties herein are, hereinafter, referred to as per their original status.

(3.) Heard Mr. Kaivan K. Patel, the learned advocate for the appellant accused and Mr. K. L. Pandya, the learned Additional Public Prosecutor for the respondent - State.