VISHNUBHAI BHIKHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-original accused no.1 has preferred this appeal under Section 374 (2) of the Criminal Procedure Code ["CrPC" for brevity] against the judgment and order dated 29.8.2001 passed by learned Additional Sessions Judge, Sabarkantha, Camp-Modasa, in Sessions Case No. 8 of 2000. The said case was registered against the present appellant and four other accused persons for the offences punishable under Sections 467, 468, 471, 366, 509, 504, 506 (2) read with Section 114 of the Indian Penal Code.

(2.) The case of the prosecution is that on 11998 at about 7.00 p.m., the present appellant-original accused no.1 and four other persons forcibly abducted the victim Gauriben Babubhai Patel in a jeep car and she was taken to Village Dakore, and thereafter, she was taken to Anand. It is the case of the prosecution that the accused were threatening the victim not to cry for help. After reaching Anand, present appellant took the signature of the victim on four to five blank papers and on some printed papers. Thereafter, all other accused persons left Anand, while present appellant took the victim to Bombay on 3.11998 and stayed in a guest house. In Bombay, the victim contacted her sister and then she was brought to Ahmedabad.

(3.) As per the case of the prosecution, when the complainant was present in her house at 7:00 o'clock in the evening on 02/12/1998 and my brother Rakesh, aged about 25 years, was also present there, their mother and father went to take medicine. At that time the respondent no.1 came to their house called the complainant outside. He kept his vehicle jeep parked at 200 feet away. Other persons gagged her mouth forcefully against her will and consent, and the respondent no.1 hold her and made her sit in the jeep forcefully and taken her at Dakor. As they did not find safety over there, they reached at Anand with jeep at about 11:00 o'clock. Meanwhile, complainant was shouting in the jeep but her cry could not go out as the jeep was running at very high speed, and as the respondent had kidnapped her, the complainant was scarred and as the respondent no.1 shown her weapon and threatened to kill. She lost her consciousness and sat quietly in the train as per the say of the respondent no.1.