RAVAL RAKESHBHAI SHIVRAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Section 374 of the Code of Criminal Procedure against judgment and order dated 05.07.2017 passed by learned Additional Sessions Judge and Special Judge (POCSO), Mehsana in Special POCSO Case No. 36 of 2016, convicting him for the offence punishable Sections 363, 366, 376 of the Indian Penal Code (hereinafter referred to as "IPC" for short) and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act" for short).

(2.) The case of the prosecution in short as per the charge framed is that on 27.04.2015, the appellant accused had abducted the minor daughter of the complainant and by giving false promise to marry with her, established physical relationship without her consent. Thereby, the appellant accused committed an offence punishable under Sections 363, 366, 376 of IPC and Sections 4 and 8 of the POCSO Act.

(3.) After registration of complaint, investigation was carried out and charge-sheet came to be filed against the accused in the Court of learned Magistrate. As the case was triable by learned Sessions Court, the same was committed to the Court of learned Sessions Judge. Thereafter, the charge came to be framed and explained to the accused, to which the accused pleaded not guilty and claimed to be tried.