LAWS(GJH)-2017-10-98

VIJAYBHAI KALUBHAI Vs. STATE OF GUJARAT

Decided On October 14, 2017
Vijaybhai Kalubhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the 4th Additional Sessions Judge, Bhavnagar, camp at Botad dated 24.12.2014 in Sessions Case No.86 of 2013. By the impugned judgment the accused - the appellant is convicted for the offence under Sections 363 and 376 of Indian Penal Code. The details with regard to the sentence and fine qua each offence as ordered by the Sessions Court, are as under.

(2.) The case of the prosecution is to the effect that, on 12.04.2013, while the prosecutrix, along with her sister went to attend the nature's call at around 5'O clock in the morning, the accused was standing with his motor cycle, he called the prosecutrix, he took the prosecutrix along with him on the motor cycle. Thereafter they went to Bhavnagar on motor cycle. At Bhavnagar, they had breakfast, the boarded a State Transport bus, went to Junagadh where they stayed in one Dharmshala for one night. Next day, they went to Bagdana, where the accused was arrested by police. The accused was put to trial and the conviction is recorded.

(3.) Heard Ms. Yogini Upadhyay, learned advocate for the appellant and Mr.Rashesh Rindani, learned Additional Public Prosecutor for the State.