STATE OF GUJARAT Vs. NILESHBHAI ASHWINBHAI MAKWANA

JUDGEMENT

(1.) THE State has preferred this appeal for enhancement of the sentence awarded by the learned Sessions Judge, Kheda at Nadiad in Sessions Case No. 55 of 2008 vide judgment and order dated 22-10- 2008 by which the learned Judge convicted the respondent-accused for the offences punishable under Sections 363, 366 and 376 of IPC.

(2.) FOR the offence under Sec. 363 of IPC, the respondent-accused was sentenced to suffer RI for 2 years and to pay fine Rs. 1,000/-, in default, to suffer further one month SI for the offence under Sec. 366 of IPC, RI for 3 years and to pay fine Rs. 2,000/-, in default to suffer further two months SI and for the offence under Sec. 376 of IPC, RI for 5 years and to pay fine Rs. 5,000/-, in default, to suffer further 6 months SI. All the sentences were ordered to run concurrently. He was given set off for the sentence already undergone by him in jail.

(3.) SHORT facts of the case of the prosecution are that on 1-6-2007 at about 9. 00 a. m. , complainant-Rameshbhai Kalyanbhai Rohit and his wife went for labour work. On returning home, since they did not find their daughter, they made a search for her in the Village and nearby places but could not be traced. As their neighbour Nilesh (accused No. 1) also was not traceable in his house, a complaint was filed by the complainant-Rameshbhai Kalyanbhai Rohit, father of the victim, before the Dakor Police Station alleging that the accused No. 1 had kidnapped their daughter. The Circle Police Inspector, Mr. B. R. Chauhan, then registered the offence and handed over investigation to Circle Inspector, Mr. Dhirsinh Somabhai Thakore. Mr. Thakore recorded statements of the complainant and other witnesses. He also collected evidence as to the date of birth of the victim. He then started search for the accused as well as the victim and on 6-9-2007 they were produced and their statements were recorded. As it appeared to be an alleged case of rape, Sec. 376 of IPC was added. Thereafter, panchnama of the person of the victim was drawn and clothes worn by the victim at the time of incident were taken into custody in presence of panchas. Similarly, panchnama of the person of the accused Nilesh was also drawn in presence of panchas. The victim as well as the accused Nilesh were thereafter sent to Government Hospital for medical examination. The seized muddamal were sent to FSL for analysis. The accused No. 1 Nilesh was then sent to judicial custody. The victim was however taken to the places of their visit and stay. On receipt of report from the FSL expert, it was kept with the investigation papers. At the end of investigation, charge sheet was submitted against the accused in the Court.