SHAMJIBHAI SUNIYABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT is original accused. By impugned Judgment and order dated 30th November, 2004, he was convicted for offences punishable under Sections 363, 366, 343, 506 (2) of IPC. He was sentenced to R. I. for 5 years, 7 years, 6 months and 2 years respectively for the said offences. Fine was also imposed. Substantive sentence was, however, made concurrent.

(2.) AS per charge Exh. 5, it was alleged that the accused on 6. 1. 2001 at 5 O'clock in the evening forcibly took away minor daughter 'm' aged about 15 to 16 years of the complainant, kept her under confinement for 5 days, during which time, he also committed rape on her. One Kondiyabhai Laljibhai tried to intervene to whom the accused gave a blow with a weapon (paliyu ). He thereby committed offences punishable under Sections 363, 366, 376, 343, 324 and 506 (2) of IPC.

(3.) IT may be noted that the complainant- Duljibhai Vasava, PW-5, Exh. 19 turned hostile and did not support the prosecution case. His wife, Chaudiben Duljibhai, PW-8, Exh. 23 also turned hostile.