THAKOR BHARATJI JIVANJI SATAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant -original accused under Sec. 374 of the Code of Criminal Procedure, 1973 challenging the impugned judgment and order rendered in Sessions Case No. 85/2013 by the Ad -hoc Additional Sessions Judge, Patan dated 18.12.2014 recording conviction and sentence for the offence under Ss. 363, 366 and 376 of the Indian Penal Code as stated in detail in the impugned judgment.

(2.) The fact of the case briefly summarized are as follows: - -

(3.) It is this judgment and order which has been assailed in the present appeal on the grounds stated in the memo of appeal inter alia that the Court below has failed to appreciate that it was consensual act and the daughter of the complainant had eloped voluntarily and had accompanied the accused and stayed with him for about 40 days. It was submitted that the Court below has also failed to appreciate the evidence with regard to the age of the victim and has recorded conviction of the appellant -accused erroneously.