AJMALJI JIVAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal arises out of a judgment and order rendered by sessions Court, Gandhinagar in Sessions Case No. 36 of 2004 convicting the appellant of offences punishable under Sections 363, 366 and 376 of the Indian Penal Code ('ipc' for short ). For the offence punishable under Section 363 of the IPC, the appellant is awarded R. I for five years with a fine of Rs. 2000/-, in default S. I for three months, for the offence punishable under Section 366 of the IPC, the appellant is sentenced to undergo R. I for seven years and to pay fine of Rs. 2000/-, in default S. I for three months and for the offence punishable under Section 376 of the IPC, the appellant is awarded R. I for a period of ten years with fine of Rs. 5000/-, in default S. I for six months.

(2.) THE alleged incident took place on 18. 1. 2004. The prosecutrix, the daughter of the first informant was allegedly kidnapped by the appellant. It is the case of the prosecution further that after enticing away the prosecutrix, the appellant repeatatively raped her and also indulged into sodomy with her. The first informant Anandiben lodged the FIR on 19. 1. 2004 with Dehgam Police Station. On the basis of the FIR, offence was registered and investigated, and ultimately the police filed chargesheet in the Court of JMFC, Dehgam, who in turn committed the case to the Court of sessions and Sessions Case No. 36 of 2004 came to be registered.

(3.) WE have heard learned advocate Mr. U. S. Brahmbhatt for the appellant and learned APP Mr. Bhatt for the respondent. We have examined the record and proceedings in light of the rival side submissions.