ANWARMIYA NIZAMMIYA MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused has preferred this Appeal under Section 374 (2) of the Code of Criminal Procedure against the Judgment and order dated 31. 01. 2007 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 2, Anand, in Sessions Case No. 164 of 2006, whereby the learned Judge held the appellant accused guilty for the offence punishable under Section 363, 366 and 376 of Indian Penal Code and the accused was awarded sentence to undergo RI for five years with fine of Rs. 250/- i/d to undergo RI for one month for the offences u/s. 363 and 366 I. P. Code and RI for 10 years and to pay fine of Rs. 500/- i/d to undergo RI for two months for the offence u/s. 376 I. P. Code. The learned Judge ordered all the sentences to run concurrently.

(2.) THE short facts of the prosecution case are that the complainant is residing with his family. The complainant has two sons and two daughters, out of which victim Shabana @ Ashiyabanu is aged about 15 years, who had studied upto standard 6. It is alleged that opposite to the house of complainant Nizammiya Sidharmiya Malek is residing with his family. Anvarmiya, son of said Nizammiya is driving the rickshaw. Since the family of complainant and Nizammiya are neighbours they have good relation with each other. It is alleged that on the date of filing of complaint in the early morning victim Shabana was not found in the house and, therefore, her parents and other relatives have made search about victim Shabana. At that time Nizammiya, father of Anvarmiya, came along with one Khansabmiya Malek and told the complainant that his son Anvarmiya has taken away his daughter with him for the purpose of marriage. It is alleged that Shabana has also took away Rs. 5000/- cash and the other ornaments with her from the house. Thereafter, at about 4. 00 P. M. victim Shabana was found. She narrated the facts as to how the accused has taken her and she also stated that, as per instruction of accused, she had taken with her Rs. 5000/- cash and other golden ornaments. Thereupon the complainant filed complaint before Khambat (Rural) Police Station against the accused for the offences under Sections 363, 366, 376, 380 of I. P. Code, vide CR No. I - 29 of 2006 against the accused. After registering the offence investigation was handed over to Mr. P. S. Parmar Circle Police Inspector, Tarapur. Thereafter, investigation was carried out, statement of witnesses were recorded. The muddamal cloths of the victim and the accused were seized under the panchnama and sent to F. S. L. for analysis. The accused and the victim were sent for medical examination, and after completion of investigation the charge-sheet was submitted before the learned Judicial Magistrate, First Class, Khambhat, for the offences under Sections 363, 366 and 376 I. P. Code against the accused. As the offences were absolutely triable by a Court of Sessions, the learned Judicial Magistrate, Khambhat, has committed the said case to the Court of Sessions, which was registered as Sessions Case No. 164 of 2006.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 2, Anand, vide Judgment and order dated 31. 01. 2007, held the accused guilty of the offence punishable u/s. 363, 366 and 376 I. P. Code and awarded sentence to undergo rigorous imprisonment for 5 (five) years and to pay fine of Rs. 250/- i/d to further under RI for one month for the offences under Section 363 and 366 I. P. Code and awarded sentence to undergo rigorous imprisonment for 10 (ten) years and to pay fine of Rs. 500/- i/d to undergo RI for two months.