ASHWIN RANCHHODBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order of the learned Additional Sessions Judge, 3rd Fast Track Court, Amreli dated 03.03.2005 rendered in Sessions Case No.112 of 2004.

(2.) THE appellant, herein, is original accused who was charged with the offence punishable under Sections 363, 366, 376 and 201 of the I.P.C. He was, though, acquitted for the offence punishable under Section 201 of the I.P.C., was convicted for the offence punishable under Section 363 of the I.P.C. and was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.500/ - and in case of default to undergo further imprisonment for three months. He was also convicted for the offence punishable under Section 366 of the I.P.C. and was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.500/ - and in case of default to undergo further imprisonment for three months. He was further convicted for the offence punishable under Section 376 of the I.P.C. and was sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.500/ - and in case of default to undergo further imprisonment for three months.

(3.) AS per the charge Exhibit -2 framed against the appellant, the prosecution case was that on 03.08.2004, the appellant lured away the daughter of the complainant -Natvarbhai Balvantbhai Gosai namely Hiral aged below sixteen years, from the custody of her legal guardians, with the intention of committing sexual intercourse with her against her wish and will and thereby the appellant committed the offences as mentioned above.