HEMENTKUMAR PRAKASHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT is the original accused. By impugned Judgment and order dated 24. 8. 1987 passed by learned Additional Sessions Judge, Godhra in Sessions Case No. 43 of 1987, he was convicted for offence punishable under Sections 363, 366 and 376 of IPC and sentenced to 2 years, 3 years and 4 years of R. I. respectively. He was also ordered to pay fine.

(2.) AS per charge Exh. 2, it was alleged that on 1. 8. 1986, the appellant kidnapped minor girl 'k' aged about 16 years, daughter of the complainant, Babubhai Valjibhai from his legal guardianship with the intention of forcibly getting married to her. He had also sometime before the said incident, had forcible intercourse with 'k'. He was, thus, charged with offences punishable under Sections 363, 366 and 376 of IPC.

(3.) COMPLAINANT, Babubhai Valjibhai, PW-4 was examined at Exh. 16. He stated that his daughter 'k' was born on 29th May, 1970. He had produced before the Court the birth certificate of his daughter at Exh. 17. His daughter had studied upto 10th standard. On 1. 8. 1986, he had gone on duty and returned at 5 O'clock in the evening. His wife informed him that 'k' had not returned home since afternoon. He inquired with his relatives but 'k' was not found anywhere. On 5. 8. 1986, he received a letter by post written by his daughter 'k'. From such letter, Exh. 15, he learnt that the accused had eloped his daughter. He had thereupon filed the complaint with the Police.