STATE OF GUJARAT Vs. CHAUHAN KHENGARSINH GOBARSINH

JUDGEMENT

(1.) CRIMINAL Appeal No. 360 of 1996, under Section 377 of the Code of Criminal Procedure, has been preferred by the State of Gujarat for enhancement of sentence awarded by the learned Additional Sessions Judge, Mehsana, in Sessions Case No. 156 of 1994 dated 29. 2. 1996.

(2.) THE facts of the prosecution case is that the accused is the teacher. The complainant has engaged the accused for teaching English to his daughter, named, Hetal, aged about 15 years, who was studying in Standard 10. It is the case of prosecution that on 3. 5. 1994 the complainant had gone out-side the village and while returning he was informed that his daughter has been abducted by the teacher (accused ). The complainant came to know that his daughter had gone to accused for tuition. Thereafter, the complainant came to know that his daughter has been abducted by the teacher under the pretext that the victim was required to be taken to a place nearby Gandhinagar for the purpose of verifying the examination paper. Thereafter the complainant lodged his complaint before the Police. It is the case of the prosecution that in the late night of 18. 6. 1994 and in the early morning of 19. 6. 1994 the victim Hetal and the accused were found from Dharmashala, Idar and both were brought to Mehsana. The accused was arrested. The Police has registered the office and carried out the investigation, drew the panchnama of places where the accused had taken away the victim, statement of witnesses were recorded.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Additional Sessions Judge, Mehana, has vide Judgment and order dated 29. 2. 1996, held the accused respondent guilty for the offence punishable under 376 I. P. Code and awarded sentence to undergo rigorous imprisonment of five years with fine of Rs. 2000/- i/d to undergo further rigorous imprisonment of six month; the learned Judge has also held the accused guilty for the offences punishable under Sections 363 and 366 I. P. Code and awarded sentence to under-go R. I. for two years and fine of Rs. 500/- i/d to undergo R. I. for one month. The learned Judge ordered all the sentences to run concurrently.