PRAVINBHAI @ KALU BAHADURBHAI BHUTIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Section 374(2) of Code of Criminal Procedure (for short Cr.PC) by appellantaccused, being aggrieved by the judgment and order dated 21st December, 2013 passed by the 5th Additional Sessions Judge, Bhavnagar camp at Botad in Sessions Case No. 118 of 2013 whereby the appellant has been convicted for the offence punishable under Sections 363 and 376 of Indian Penal Code (for short IPC) and was awarded simple imprisonment for 5 years and to pay a fine of Rs.3,000/; in default of payment of fine to suffer simple imprisonment for 6 months and simple imprisonment of 10 years and fine of Rs.5,000/; in default of payment of fine thereof, to suffer simple imprisonment for one year respectively.

(2.) The prosecution case as revealed from the record is that the victim was abducted and kidnapped by the appellantaccused and she was alleged to have been raped by the accused and for that offence, the complaint was lodged by his father before the Botad Police Station and it was registered as IC.R. No. 45 of 2013. The accused was arrested and necessary investigation was carried out by the concerned Police and after completion of the investigation, chargesheet was filed before the Court of learned Judicial Magistrate First Class of Botad which was registered as Criminal Case No. 436 of 2013. However, as the offence was exclusively triable by Court of Sessions, it was committed to the Court of Sessions and it was registered as Sessions Case No. 118 of 2013.

(3.) The learned 5th Additional Sessions Judge, Bhavnagar Camp at Botad, has framed charges against the accused at Exh5 and has recorded plea of the accused. Whereupon, the accused has denied the charges and prayed for trial. During the trial, the prosecution has examined 10 witnesses and has produced certain documentary evidence. After conclusion of the trial, the accused has been examined under Section 313 of the Code of Criminal Procedure by the learned Additional Sessions Judge. Thereafter, on hearing both the sides and perusing the evidence on record, the learned Additional Sessions Judge has convicted the accused for the offence punishable under Section 363 and 376 of the Indian Penal Code and sentenced him for the said offence as mentioned herein above. Learned Additional Sessions Judge has acquitted the accused from the offence punishable under Section 366 of the Indian Penal Code.