HAMIRBHAI RAMBHAI NANDANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant original accused, under Section 374(2) of the Cr. P.C., against the Judgment and order dated 12.06.2015 rendered in Sessions Case No.27 of 2012 by the learned 6th Additional Sessions Judge, Jamkhambhaliya, whereby the appellant-accused was convicted for the offence punishable under Section 363 of the Indian Penal Code and sentenced to undergo five years rigorous imprisonment with fine of Rs.500/-, in default of payment of fine, further rigorous imprisonment of one month, for the offence punishable under Section 366 of the Indian Penal Code and sentenced to undergo seven years rigorous imprisonment with fine of Rs.1000/-, in default of payment of fine, further rigorous imprisonment of two years, for the offence punishable under Section 376 of the Indian Penal Code and sentenced to undergo ten years rigorous imprisonment with fine of Rs.1000/-, in default of payment of fine, further rigorous imprisonment of two months.

(2.) It is the case of the prosecution that a complaint came to be filed on 03.01.2012 before Bhanvad Police Station vide C.R.No. 1 of 2012 for the offence punishable under Sections 363, 366 by one Govind Bhakhabhai Dangar interalia stating that complainant is having one daughter and two sons out of which elder daughter namely Jagrutiben is aged about 15 years, younger son Vishal is aged 41 years and youngest son Parth is aged around 7 years. It is further alleged that on 29.12.2011 the complainant alongwith the family members were sleeping in the house and on the next day i.e. on 30.12.2011 at round about 5 a.m. the complainant, his wife and his daughter namely Jagrutiben woke up and at that point of time, the daughter of the complainant went outside of the house and thereafter, she did not return back. It is further alleged that thereafter, inquiry was made in relation to whereabouts of minor daughter but nothing fruitful was available. It is further alleged that before on year of the alleged incident, one Hamirbhai Nandania had written one letter to daughter of the complainant which came into the hands of wife of the brother of the complainant wherein, it was disclosed that the said Hamribhai was having love and affection for Jagrutiben and thereafter, issue was raised before the family of Hamirbhai and it was decided that the family of Hamirbhai will try to explain Hamirbhai and therefore, the complainant was having suspicion and doubt that said Hamirbhai has taken minor daughter of the complainant, filed complaint against the appellant-accused. After filing of the aforesaid complaint, Section 376 of the Indian Penal Code came to be added vide report dated 13.02.2012.

(3.) Thereafter, the investigation was carried out and statement of the witnesses were recorded. The motorcycle was recovered under the Panchnama. Clothes of the victim and the appellant-accused were recovered and panchnama was drawn. During the investigation, birth certificate of the victim was also tagged with the papers and birth date was verified. Statement of the Principal of the school was recorded. Copy of the Vali form which was filled by the parents of the victim at the time of admission in school was also obtained. Samples were sent to the FSL and report of the FSL was also obtained. Thereafter, appellant-accused was arrested.