MOHAMMED HANIF ISMAIL GUJARATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE Criminal Appeals arise out of the judgment and order rendered by the Sessions Court, Junagadh, in Sessions Case No. 64/1999, on 21. 04. 2005, convicting the appellant in Criminal Appeal No. 1090/2005, for the offences punishable under Sections 363 and 376 of the Indian Penal Code. The appellant-original accused No. 1 is ordered to undergo R. I for a period of two years and to pay a fine of Rs. 200/-, in default, to undergo S. I for 15 days, for the offence punishable under Section 363 of I. P. C. He is further sentenced to undergo R. I for seven years and to pay a fine of Rs. 500/, in default, to undergo S. I for one month, for the offence punishable under Section 376 IPC.

(2.) THE six accused in Sessions Case No. 64/1999 came to be tried by the Sessions Court, Junagadh, for the offences punishable under Sections 376, 363, 342, 506 (2) and 114 of the Indian Penal Code. However, since original accused No. 4 - Abdul Hasam Mantha had expired, case was abated against him.

(3.) ACCORDING to the prosecution case, appellant Mohmed Hanif Ismail kidnapped Rasidaben Hashan Nurali, aged 14 years, on 23. 1. 1999, around 2. 00 p. m. , from Mangrol. It is further the case of the prosecution that the prosecutrix was subjected to intercourse prior thereto by the appellant Mohmed Hanif Ismail, but, as per the prosecution case, rest of the accused persons abetted the offence of kidnapping.