RAMESHBHAI KIKALABHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY preferring this appeal, the appellant who was original accused in Sessions Case No. 128/2001, has challenged the legality and validity of the impugned judgment and order dated 29/11/2002 passed by the Ld. Addl. Sessions Judge, Fast Track Court No. 3, Bharuch, [for short 'ld. Trial Judge'] in the aforesaid Sessions Case. The Ld. Trial Judge was pleased to convict the appellant - accused for the offences punishable under sections 363, 366 and 376 of the Indian Penal Code [ipc] and sentenced to undergo rigorous imprisonment [ri] of 3 years, RI of 5 years and RI of 10 years respectively with fine. Being aggrieved and dissatisfied with the impugned judgment and order, the original accused preferred this appeal.

(2.) THE facts, in short, leading to the prosecution case are as under :-

(3.) ON behalf of the appellant - accused, learned advocate Ms. Mansuri submitted that the impugned judgment and order delivered by the trial Court is contrary to law and evidence on record. That the basic defect in the prosecution case is the name of the prosecutrix. As per the prosecution case, the name of the prosecutrix is Hansaben. However, considering the copy of birth certificate produced at exh. 34 in this case, the name which is shown is 'sanudiben' and the date of birth of Sanudiben is shown to be 24/10/1986. Prosecution did not produce any certificate wherein the name of Hansaben appears. That the panchas who are examined by the prosecution relating to panchnama of scene of occurrence and panchnama of recovery of cloth of the prosecutrix, have turned hostile. That the deposition of Hansaben is full of material contradictions. That the prosecution miserably failed to prove that at the time of so called offence, the prosecutrix was aged about 15 years. That the so called motor car in which the prosecutrix was alleged to have been kidnapped, is not seized by the police. That no test identification parade of the accused was held by the police. That the evidence adduced by the prosecution is quite unnatural and without any credibility. Therefore, it is submitted that the appeal be allowed and the impugned judgment and order passed by the trial Court be set aside and the appellant - accused be acquitted from all the offences charged against him.