FATABHAI LALABHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the original accused challenging the judgment and order dated 23rd August, 1996 passed by the learned Additional Sessions Judge, Panchmahal in Sessions Case No.243 of 1995.

(2.) As per the charge Exhibit-2, it can be seen that the prosecution case against the appellant was that between 26.10.1994 to 06.03.1995, he had kidnapped the minor girl Kamlaben from the lawful guardianship of her parents and with a view to commit illicit intercourse on her. The appellant had thereby committed offences punishable under Section 363 and 366 of the Indian Penal Code.

(3.) In order to establish the charge, the prosecution examined complainant Kamlaben as P.W.-1. Since, this witness was the main witness in the entire case, the prosecution case hinges on her version. It would be necessary to focus primarily on her deposition.