KIRANBHAI HARJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the impugned judgment and order rendered in Sessions Case No. 166 of 2007 by the City Civil and Sessions Court, Ahmedabad dated 29.1.2008 recording conviction of the Appellant/Original Accused No. 1 for the offence under Sections 363, 366 and 376 of the Indian Penal Code imposing the sentence as stated in detail in the impugned judgment and order.

(2.) As it transpires from the background of the facts and the material and evidence, the complainant victim aged about 15 years was studying in the school and when she was returning from the school on 4.1.2007, the Appellant/Original Accused No. 1 is said to have stated to sit in his rickshaw as he was knowing her and when she has declined he is said to have threatened her and took her to one Mall were there are such eatery joints with separate area for the couples. The Appellant/Original Accused No. 1 is said to have committed the offence which led to the filing of the complaint being FIR No. 4/2007 at Meghaninagar Police Station for the aforesaid offence under Sections 363, 366 and 376 IPC.

(3.) As the offences are triable by the Court of Sessions, it was committed to the court of Sessions. The Sessions Court proceeded with the trial and examined the witnesses including the complainant victim.