PRABHUBHAI MANJIBHAI MATRANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant is the original accused. By impugned judgement and order dated 17. 6. 2003 passed by learned Additional Sessions Judge, Bhavnagar in Sessions Case No. 208/2001, he was convicted for offence punishable under Sections 363, 366 and 376 of the Indian Penal Code. He was sentenced to rigorous imprisonment for three years, five years and seven years respectively for the said offence.

(2.) AS per charge exh. 5, it was alleged against the appellant that on 30. 5. 2001, he had enticed minor daughter of the complainant aged about 14 years and kidnapped her with an intention to commit illicit intercourse and thereby committed offence punishable under Section 366 of the Indian Penal Code. It was further alleged that he also had forcible intercourse with her and thereby committed offence punishable under Section 376 of the Indian Penal Code.

(3.) THE complainant Jayaben Kalubhai-PW2 was examined at exh. 22. In her deposition she stated that her daughter 's' was aged 15 years on the date of deposition. 12 months before the deposition, incident had taken place. She had gone for labour work. Her daughter 's' was at home alone. When she returned at 12 O' Clock in the afternoon for lunch, 's' was not at home. She inquired about her with relatives but 's' could not be found for two to three days. Her son Mukesh had brought back 's' after four days. She stated that 's' was born in Government hospital at Barvala. She had produced the birth certificate before the police. She later on came to know that her daughter had run away with accused Prabhubhai.