NIZAR NASIMBHAI RAJWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal has been preferred by the appellants original accused being aggrieved and dissatisfied with the judgment and order dated 26/07/2007 passed by the learned Additional Sessions Judge and Fast Track Court Judge, Junagadh in Sessions Case No. 35 of 2004, whereby, the appellants herein original accused were held to be guilty for the offences punishable under Sections 363, 366 and 376 r/w. Section 114 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced as under: Appellant accused No. Offence Sentence 1 S. 363 IPC SI of 05 years with fine of Rs. 1,000/- I/d. to undergo further SI for 1 month. 1 S. 366 IPC SI of 05 years with fine of Rs. 1,000/- I/d. to undergo further SI for 1 month. 1 S. 376 IPC SI of 07 years with fine of Rs. 1,000/- I/d. to undergo further SI for 1 month. 2 S. 376 r/w. 114 SI of 03 years with fine of Rs. 1,000/- I/d. to undergo further SI for 1 month.

(2.) Filtering the unnecessary details, the facts of the prosecution case are that on 14/02/2004, the appellant No. 1 herein original accused No. 1 abducted the minor daughter (herein after referred to as 'the victim'), aged 15 years and 10 months of complainant Rafikbhai Husenbhai Khira from lawful guardianship of the complainant, by inducing her to marry her giving false temptation and took her to Surendranagar at the residence of appellant No. 2 herein original accused No. 2, who allegedly arranged for their stay, where, the appellant No. 1 raped the victim. The appellant No. 1 then took the victim to Pune and then Mumbai; they stayed in the guest-houses, where also the appellant No. 1 committed raped the victim repeatedly. Thus, the appellants - accused committed the alleged offence for which, a complaint came to be lodged against the accused for the offence punishable under Sections 363, 366 and 376 r/w. Section 114 of the IPC.

(3.) Heard, Mr. Dagli, the learned advocate for the appellants accused and Mr. K. L. Pandya, the learned Additional Public Prosecutor, for the respondent State.