JAYESHBHAI SURESHBHAI VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeals assail the judgment and order dated 30/07/2005, passed by the learned Presiding Officer, Main Fast Track Court, Rajkot, in Sessions Case No. 149 of 2004, whereby, original accused, the appellant of Criminal Appeal No. 2022 of 2005, came to be convicted for the offences punishable under Ss. 363, 366 and 376 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and for the offences punishable under Ss. 363 and 366 of the IPC, sentenced to undergo rigorous imprisonment for three years, whereas, for the offence punishable under Sec. 376 of the IPC also, he was sentenced to undergo rigorous imprisonment for three years. The accused was also fined to the tune of Rs. 5,000/ - with a default clause to undergo further simple imprisonment for one month, if failed to pay fine. Accordingly, Criminal Appeal No. 2313 of 2005 has been filed by the State for enhancement of sentence, whereas, Criminal Appeal No. 2022 of 2005 has been filed by the original accused against conviction.

(2.) Brief facts of the prosecution case are that on 17/09/2004 at about 13:15 hours, the accused abducted the victim, the minor aged about 16 years, the daughter of complainant - Jamnaben Kanjibhai Solanki, residing in Chunarawad Street No. 1, Near Bhattha on the river bank at Rajkot, from their lawful possession, brought her to village: Tarkasar and then to Surat and also to Gondal and forcibly raped her repeatedly. Thus, the accused committed the crime alleged against him for which, a complaint came to be lodged against him.

(3.) We have heard Ms. C.M. Shah, learned Additional Public Prosecutor for the State and Mr. Pratik Barot, learned advocate for the accused.