BHUPAT RATUJI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be convicted by Sessions Court, Rajkot at Gondal for offences punishable under Sections 363, 366 and 376 of the Indian Penal Code by virtue of judgment and order rendered in Sessions Case No. 62 of 1997 on 23. 1. 2004.

(2.) THE facts of the case, in brief, are that the grandfather of the prosecutrix Dungarbhai Muljibhai lodged an FIR with Virpur Police Station on 9. 3. 1997 (Exh. 5) stating that his elder son's daughter left the house on 24. 2. 1997, saying that she is going to her maternal uncle's house. She left with three pairs of clothes and Rs. 300/ -. She was supposed to be staying there for about a week, and therefore, after about eight days time, he sent a message at Charakdi to leave his granddaughter, the prosecutrix at Virpur. He learnt that the prosecutrix had never gone to maternal uncle's house. He, therefore, made inquiries for the girl, but, in vain. He also made inquiries about the accused - appellant and found that he was also found missing for about twelve to thirteen days, and therefore, the FIR.

(3.) THE prosecution framed charge against accused at Exh. 1 for the offences punishable under Sections 363, 366 and 376 of the IPC, to which the accused - appellant pleaded not guilty and claimed to be tried. Upon the prosecution leading the evidence, the Sessions Court found that the prosecution was successful in establishing the charges, and therefore, recorded conviction. The accused - appellant was awarded with R. I for three years with fine of Rs. 3000/-, in default to undergo imprisonment for six months for the offence punishable under Section 363 of the IPC, and was imposed with a R. I for 5 years and fine of Rs. 5000/-, in default to undergo imprisonment for one year for the offence punishable under Section 366 of the IPC, and R. I for 10 years was awarded with fine of Rs. 5000/-, in default to undergo imprisonment for one year for the offence punishable under Section 376 of the IPC. The sentences were ordered to run concurrently. The sessions Court also awarded compensation of Rs. 50000/- to the prosecutrix. Against the said judgment and order that the present appeal is preferred.