STATE OF GUJARAT Vs. KALUBHAI @ KALIYO SOMABHAI TALVI

JUDGEMENT

(1.) Both These Appeals Arise Out Of The Common judgment and order passed by the learned Additional Sessions Judge, Nadiad camp at Anand in Sessions Case No.299 of 1999 dated 05/05/2000, whereby the respondentaccused was convicted for the offences punishable under Sections 363 and 366 of the Indian Penal Code and ordered to undergo the sentence he had already undergone since the accused was in prison from 19/06/1999. However, the respondentaccused was acquitted from the charge of offence punishable under Section 376 of the Indian Penal Code.

(2.) The Case Of The Prosecution, In Nutshell, Is that niece of the complainant aged about 14 years at the time of incident was enticed by the accused by giving her false promise to get marry with her and thereafter the accused had kidnapped and committed rape on her against her will and wish. Thus, the accused had enticed, kidnapped and raped the victim against her will and wish and thereby committed the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code. Thus, the complaint was given by the complainant.

(3.) Ms.C.M.Shah, Learned App For The Appellantstate has taken us through the evidence and contended that the trial Court has committed an error in acquitting the accused from the charge of offence punishable under Section 376 of the Indian Penal Code, in spite of voluminous evidence against accused and contended that the trial Court ought not to have acquitted the accused for the offence punishable under Section 376 of the Indian Penal Code. She contended that evidence recorded before the trial Court, more particularly, of the victim is clearly indicative of the fact that the accused had raped her, as also from the medical evidence it is proved that victim was 14 years of old at the time of commission of offence and therefore the accused is required to be convicted for the offence punishable under Section 376 of the Indian Penal Code.