PARMAR CHAMAR JAGDISHBHAI BHIKUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT is original accused in Sessions Case No. 25 of 2003. He was charged for offences punishable under Sections 363, 366 and 376 of IPC. By impugned judgment and order dated 15. 9. 2004 passed by learned Additional Sessions Judge, Mehsana, he was convicted for offences punishable under Sections 366 and 376 of IPC. He was sentenced to R. I. for 3 years and 7 years respectively in addition to fine being imposed on him.

(2.) AS per charge Exh. 13, it was alleged against the accused that at about 10 O'clock in the morning on 18. 8. 2002, he kidnapped minor daughter 'n' of the complainant, Babulal Vithaldas with an intention of having forcible intercourse with her. He took the victim girl to different places and had forcible intercourse. It was thus alleged that he had committed offences punishable under Sections 363, 366 and 376 of IPC.

(3.) COMPLAINANT, Babulal Vithaldas, PW-1, father of the victim girl was examined at Exh. 17. He stated that his daughter 'n' had studied upto 8th Standard and her date of birth was 23. 11. 1984. On 18. 8. 2002, at his house, there was lunch arranged for children in the neighborhood on account of religious festival of Dashama. His daughter 'n' had gone to call people for lunch. Since, she did not return till 12 O'clock he had inquired with his friends and his relatives. She was, however, not found. On 19. 8. 2002, therefore, Janavajog entry was made with Unjha Police Station. After recording the entry, he had spoken to her son- in-law Bharatbhai on telephone who told him that on 18. 8. 2002, he had seen 'n' and the accused together after which the witness had lodged police complaint which was produced at Exh. 19. Some three months thereafter she had come to Unjha Police Station from where she was taken to the Hospital. 3. 1 In the cross-examination, he stated that before the Police Station on 18th, he had not disclosed the name of the accused. He had not produced birth certificate of 'n' before the police but had produced school leaving certificate. He admitted that after 'n' returned some three months later, she had refused to go to his house and was kept at Bhagini Samaj at Patan.