STATE OF GUJARAT Vs. MANGALBHAI PUNJABHAI TALPADAVAGHRI

JUDGEMENT

(1.) THIS appeal under Sec. 377 of the Code of Criminal Procedure, 1973 has been filed by the State against the judgment and order of conviction and sentence dated 17-7-1998 passed by the learned Addl. Sessions Judge, Kheda at Nadiad in Sessions Case No. 309 of 1995 whereby the present respondent-accused was convicted and sentenced for the offence punishable under Secs. 363 to suffer imprisonment which he has already undergone and to pay fine of Rs. 3,000/-, in default, to suffer further SI for one month and under Sec. 366 of IPC to suffer imprisonment which he has already undergone and to pay fine of Rs. 4,000/-, in default, to suffer further SI for one month.

(2.) THE facts in short are that the complainant, Madhubharthi Nagjibharthi Goswami, a resident of Village Ghanghodi, Taluka Nadiad, lodged a complaint before the PSI, Mahuda Police Station on 23-12-1992 stating that he was working as Watchman in the Ahmedabad District Court, Mirzapur and was living with his wife and children at Village Ghanghodi. The victim was his youngest daughter and was stated to be 15 years of age on the date of incident. It was alleged that on the previous day when he was on duty during night and was about to return in the morning at about 10. 00 a. m. , his wife Shardaben informed him that their daughter victim went at about 10. 00 p. m. the previous night and did not return. On inquiry it was revealed that the victim went with the accused after taking away Rs. 5,000/- from the house. On the basis of the said complaint, investigation was started and at the end of investigation, a charge sheet came to be filed for the offences punishable under Secs. 363, 366 and 376 of IPC before the learned Magistrate.

(3.) AS the case under Sec. 376 was exclusively triable by the Sessions Court, learned Magistrate committed the case to the Court of Sessions at Nadiad where it was numbered as Sessions Case No. 309 of 1995. The learned Judge framed charge against the accused at Ex. 3 which was read over and explained to him. He pleaded not guilty to the said charge and claimed to be tried.