LAWS(GJH)-2007-8-248

VAJUBHAI JESABHAI Vs. STATE OF GUJARAT

Decided On August 17, 2007
VAJUBHAI JESABHAI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present appeal is preferred by the appellant under sec. 374(2) of CrPC against the judgment and order passed by the learned Addl. Sessions Judge, Veraval in Sessions Case No. 62/2000 dated 12.3.2003 imposing the sentence of 4 years R/I and fine of Rs. 5000/-, in default, further R/I of 9 months under sec. 363 of IPC, R/I of 5 years and fine of Rs. 7000/-, in default, further R/I of one year under sec. 366 of IPC and 8 years R/I and fine of Rs. 25,000/-, in default, further R/I of 2 years under sec. 376 of IPC. It is observed by the learned Addl. Sessions Judge that the sentences imposed on the appellant shall run concurrently.

(2.) The short facts giving rise to the present appeal are as under:

(3.) The appellant who was working as Doctor at Malia Hatina gave allurement to the daughter of the complainant on 18.5.2000 and took her from the lawful custody of her parents without their consent and thereby he has committed the offence punishable under sec. 363 of IPC. The appellant along with another accused induced the prosecutrix with a view to have illicit intercourse with her and kidnapped the prosecutrix from the lawful custody of her parents and thus, the appellant has committed the offence punishable under sec. 366 of IPC. After giving inducement and allurement to the prosecutrix, rape was committed on her by the appellant at different places and, thereby he has also committed the offence punishable under sec. 376 of IPC. The complaint was given by the mother of the prosecutrix Ramaben on 25.5.2000 to the PSI, Chorvad. In pursuance of the complaint given by the mother of the victim, offence was registered against the appellants. The place where the incident took place was visited and the panchnama with regard to the place of the incident was prepared. The clothes put on by the victim as well as the appellant were seized and the panchnama in that regard was prepared. The muddamal article which was seized was sent to the FSL for the purpose of detailed analysis. The statements of the witnesses from the neighbourhood were recorded. The appellants were arrested and subsequently produced before the JMFC, at Malia Hatina, who, under the provisions of Sec. 209 of CrPC committed the case to the Sessions Court, where, it was numbered as Sessions Case No. 62/2000. The charge against the appellants was framed vide ex. 1 and both the appellants pleaded not guilty to the charge levelled against them. The prosecution has placed reliance on the following oral depositions. They are as under: