MANGABHAI AMRATBHAI BHOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ORIGINAL accused - the appellant herein has by way of the present appeal challenged the judgment and order dated 22. 6. 1998 passed by the learned Additional Sessions Judge, Panchmahals at Godhra in Sessions Case No. 130 of 1997 by which he has been convicted for commission of offence punishable under sections 363 and 366 of the Indian Penal Code and sentenced to suffer RI for five years and fine of Rs. 250/- i. d. , RI for further one month for commission of offence under section 366 of IPC and and RI for 3 years and fine of Rs. 250/- i. d. , RI for further one month for commission of offence under section 363 IPC. It is also ordered that both the sentences shall run concurrently.

(2.) AS per prosecution case, Sharmila who is the daughter of the complainant, at the relevant time aged about 14 years and was studying in 7th standard, used to go to the house of Maniben, who is her sister in law and the wife of Pravinbhai Bhoi for reading. On 20. 1. 1995 at about 8 P. M. as usual she went to the house of her sister-in-law. Since she did not return till late night the complainant made inquiry about her and he was told that Sharmila had left the place after reading for one hour. In spite of search made by the complainant, his daughter was not found. On making inquiry in the house of Mangal Ramanbbhai, who is his neighbour, he was also not found in the house. Since Mangalbhai used to talk to his daughter, the complainant had an apprehension that he must have kidnapped her. At that time Babuben told him that her son and the daughter of the complainant had gone to Nadiad at the house of her in-laws. The complainant, Babuben, Mafatbhai, Natvarbhai, etc. , went to Nadiad but there also his daughter was not found. On inquiring in the houses of relatives she was not found there also and therefore complaint is filed as she was kidnapped from the custody of her parents.

(3.) ON registering the complaint, the investigation was put into motion. The accused was arrested. Statement of witnesses were recorded. Sharmila was sent for medical examination. The muddamal collected after drawing panchnama were sent to forensic science laboratory for test and report. After completing the investigation, on finding sufficient evidence against the accused, he was charge-sheeted before the learned JMFC, Godhra who committed the case to the Sessions Court, Panchmahals at Godhra as the offences were exclusively triable by the court of sessions.