PARTHINGBHAI DALSUKHBHAI TAVIYAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The judgment and order dated 18th January 2002 passed by learned Sessions Judge, Panchmahals at Godhra in Sessions Case No. 194 of 1999 convicting the appellant-original accused for an offence punishable under Sections 363 and 366 of the Indian Penal Code ["IPC" for brevity] so also sentencing him to suffer rigorous imprisonment for a term of five years and to pay fine of Rs. 500/-; and to undergo rigorous imprisonment for a term of seven years and pay fine of Rs. 700/- for these offences, is assailed in this Appeal, preferred under Section 374 [2] of the Code of Criminal Procedure, 1973 ["CrPC" for brevity].

(2.) Facts emerging from the available record, in nutshell, read thus -

(3.) Further, the case of the prosecution is such that on the aforementioned date, time and place, the appeallant-accused had abducted Kokilaben - minor daughter of the complainant, by giving allurement with an intention to compel her to get married with any person against her will or with an intention to have extra marital intercourse. By doing such act, the accused has committed an offence punishable u/s. 366 of Indian Penal Code.