PATEL PRAFULBHAI @ BAKULBHAI NATHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was the original accused who has challenged the judgment and order dated 28th June 1990 passed by the learned Sessions Judge, Sabarkantha at Himatnagar in Sessions Case No.56/89.

(2.) Broadly stated, the prosecution case was that the appellant had committed offence punishable under section 363, 366 and 376 of the Indian Penal Code. As per the established norms and the observations of the Apex Court, name of the victim girl would not be mentioned in this judgment. She would, however, be referred to as"Sthe girl".

(3.) As per the prosecution, on 10th February 1988 at about 12.30 p.m. the appellant kidnapped the girl who was aged about 15 years and 8 months on the date of the incident. It is the case of the prosecution that the girl was enticed by the appellant on false promise of marrying her. The appellant had thus committed offence punishable under section 363, 366 and 376 of the Indian Penal Code.