ARVINDBHAI SHANABHAI JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of a judgment and order rendered by Additional Sessions Judge, 4th Fast Track Court, Kheda at Nadiad on 10. 8. 2004 in Sessions Case no. 9/2003.

(2.) THE appellant was charged for offences punishable under Sections 363, 366 and 376 of Indian Penal Code, alleging that he kidnapped/adbucted Shakuntala, daughter of Kanubhai Merubhai Beldar from the lawful guardianship of her father at about 5 a. m. on 9. 9. 2002, from her father's residence at Village Kathoda, Tal. Matar. It is also the case of the prosecution that the appellant and the prosecutrix moved together for about 11 days at different places from 9. 9. 2002 to 20. 9. 2002 and then presented themselves voluntarily before Mehemdabad Police. On basis of the complaint lodged by the father of the prosecutrix, offence was registered and investigated, and ultimately chargesheet was filed. Learned Magistrate committed the case to the Court of Sessions and Sessions Case no. 9/2003 came to be registered.

(3.) CHARGE was framed against the accused at Exh. 3, to which he pleaded not guilty and he claimed to be tried. On basis of the evidence led by the prosecution, the Trial Court came to the conclusion that the prosecution was successful in establishing the charge for the offence punishable under Section 363 of Indian Penal Code, but was not successful in establishing the charges for offences punishable under Sections 366 and 376 of Indian Penal Code, and therefore, convicted the accused-appellant of offence punishable under Section 363 of Indian Penal Code and sentenced him to undergo simple imprisonment for 3 years and to pay fine of Rs. 2,000/-, in default to undergo further simple imprisonment for a period of 3 months. It is against this judgment and order, the present Criminal Appeal is preferred by the accused bearing no. 1840/2004.