PRABHATSINH KUVARSINH THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appellant " original accused in Sessions Case No. 87 of 1998 was charged and tried by the learned Additional Sessions Judge, Banas Kantha at Deesa, for the offences punishable under Sections 363, 366, 376, 506(2), 323, 201 of Indian Penal Code (for short "IPC").

(2.) THE facts of the prosecution case is that the complainant Sonaben is the mother of victim Kankuben. On 16.5.1998 there was a marriage of Babiben, daughter of Kehalsing at Samo Mota Gam and, therefore, in the evening the complainant along with her children had gone to take meal. After finishing the meal, the complainant and her elder daughter Chehaben stayed at the marriage place and about 2.00 O'clock in the night they went to their house. At that time victim Kankuben was not found in the house.

(3.) AFTER filing of the charge -sheet, in the present case, as the offences charged against the accused were is exclusively triable by the Court of Sessions, the learned JMFC, Deesa, committed the said case to the Court of Sessions, Banas Kantha. Thereafter the charge (Ex.2) was framed against the present " appellant accused to which the accused pleaded not guilty to the charge.