GOHEL LAKHABHAI LAGHRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused has preferred this Appeal under Section 374 (2) of the Code of Criminal Procedure against the Judgment and order dated 31. 01. 2007 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 3, Bhavnagar, in Sessions Case No. 19 of 2006, whereby the learned Judge held the appellant original accused No. 1 guilty for the offence punishable under Section 363, 366 and 376 of Indian Penal Code and the accused was awarded sentence to undergo RI for three years with fine of Rs. 250/- i/d to undergo SI for fifteen days for the offences u/s. 363 I. P. Code, to undergo RI for four years and to pay fine of Rs. 250/- i/d to undergo SI for fifteen days for the offence under Section 366 of I. P. Code, and RI for 10 years and to pay fine of Rs. 1000/- i/d to undergo imprisonment for six months for the offence u/s. 376 I. P. Code. The learned Judge ordered all the sentences to run concurrently.

(2.) THE short facts of the prosecution case are that the complainant is residing with his family. The complainant has two sons and two daughters, out of which victim Vanita, aged about 15 years is residing with him and she is doing the labour work of diamond cutting. It is alleged that on 30. 7. 2005 his daughter Vanita had gone for doing labour work of diamond cutting where Koli Lakha Laghrabhai, who was also doing the labour work with Vanita, had abducted her by inducing with an intention to commit illegal act with her. It is alleged that in the said illegal act of Koli Lakha, his brother and parents gave co-operation to him. Thereafter, the complainant lodged his complaint before "d" Division Police Station, Bhavnagar against the accused persons, vide CR No. I 159 of 2005, for the offences punishable under Sections 363, 366, 376 and 114 of I. P. Thereafter, investigation was carried out, statement of witnesses were recorded. The muddamal cloths of the victim and the accused were seized under the panchnama and sent to F. S. L. for analysis. The accused and the victim were sent for medical examination, and after completion of investigation the charge-sheet was submitted before the learned J. M. F. C. , Bhavnagar, for the offences under Sections 363, 366, 376 and 114 of I. P. Code against the accused. As the offences were absolutely triable by a Court of Sessions, the learned Metropolitan Magistrate, Khambhat, has committed the said case to the Court of Sessions, which was registered as Sessions Case No. 19 of 2006.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 3, Bhavnagar, vide Judgment and order dated 9. 02. 2007, held the accused guilty of the offence punishable u/s. 363, 366 and 376 I. P. Code as mentioned herein above in Para 1 of the Judgment.