PARSING VEACHLA RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-orig.convict (hereinafter referred to as 'the appellant') has preferred present appeal under Section 374 of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction and sentence dated 07th February 2005 passed by the learned Additional Sessions Judge, Fast Track Judge, Fast Track Court, Chhotaudepur, in Sessions Case No.62 of 2003, whereby the learned trial Judge has held the appellant herein guilty for the charge of offence punishable under Sections 376, 366 and 363 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years for the offence punishable under Section 376 of the Indian Penal Code; and rigorous imprisonment for four years for the offence punishable under Section 363 of the Indian Penal Code. The learned trial Judge has also sentenced the appellant for rigorous imprisonment of 5 years for the offence punishable under Section 366 of the Indian Penal Code. The appellant is also asked to pay a fine of Rs.1000/- for each of these three offences and in default punishment for all the three offences imposed is simple imprisonment for one month. The basic case of the prosecution is reflected in the charge framed which is at page no.23 of the paper-book. It would be beneficial to reproduce the relevant part of the charge framed which runs as under :

(2.) That on 22nd March 2003 at about 10-00 hrs. or during that period, the victim of the present case namely Sangitaben Abhesingbhai, who was aged less than 18 years, was going to see fair near Moragana village cross roads with the other witnesses of the present case. At that time, you the accused persons have kidnapped the minor girl Sangita without taking consent of her guardians and in collusion with one another committed offence punishable under Sections 363 read with Section 114 of the Indian Penal Code within the jurisdiction of this Court.

(3.) On the aforesaid date, time and place, you the accused persons with an ill intention to get Sangitaben Abhesing married against her wish with any other person or though you were knowing the probability that she will be compelled or with an intention to compel her for sexual intercourse without marriage by kidnapping her or molesting her, you the accused persons in collusion with one another have committed the offence punishable under Section 366 read with Section 114 of the Indian Penal Code within the jurisdiction of this Court.