MUKESHBHAI BHIKHABHAI MISTRY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant is the original accused who was charged with offences punishable under Section 363, 366 and 376 of the Indian Penal Code. By impugned judgement and order dated 4. 7. 1994 rendered by learned Additional Sessions Judge, Bharuch, he was convicted for the said offence and sentence of rigorous imprisonment of three years for offence punishable under Section 376 of the Indian Penal Code and rigorous imprisonment of two years for offences punishable under Sections 363 an 366 of the Indian Penal Code was imposed. Fine was also imposed.

(2.) AS per charge exh. 2, it was alleged against the the appellant that on 11. 11. 1991, at about 11:15 in the morning the accused had kidnapped minor daughter 'j' of complainant Manjulaben and thereafter, also had forcible intercourse with her. He was thereby charged with offences punishable under Sections 363, 366 and 376 of the Indian Penal Code.

(3.) MANJULABEN Bhikhabhai Mistri-PW4, complainant, was examined at exh. 11. In her deposition, she stated that at the relevant time her daughter was aged 15 years and 3 months. She was studying in S. S. C. . Her date of birth is 11. 7. 1976 which was registered in the Municipal Register. She is engaged in selling of fruits. Her husband is doing the carpentry work. On the date of incident when she returned home in the evening at 5 O' Clock, 'j' was not present at home. Her son Umesh told her that 'j' has left home at about 11 O' Clock and she was carrying her clothes. She inquired with the relatives. Her husband's uncle told her that he had seen 'j' and the accused near Shalimar cinema at 11 O' Clock. Even after inquiring with the relatives since her daughter was not found, she lodged the complaint with the police after three days. 'j' was brought back by the police after about four days.