ASHOKKUMAR JUTHALAL MALDEV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure against the judgment and order of conviction dated 15.12.2000 recorded by learned Special Judge, Ahmedabad in Atrocity Criminal Case No. 32 of 2000. The record & proceedings indicates that the present appellants were charged for the offence punishable under Sections 363, 366, 372, 373, 376 read with Section 34 of the Indian Penal Code (hereinafter referred to as "the Act" for short), however at the conclusion of trial, the learned trial court acquitted accused No.4-Kishor Shah, whereas present appellants came to be convicted for the offence punishable under Sections 372 and 373 of the IPC.

(2.) The case of the prosecution is short is that on 25.04.1995 at about 12.30 hours, appellant Nos. 2 & 3 - accused Nos. 2 & 3 had abducted the daughter of the complainant in order to get her married with appellant No.1-accused No.1 and thereby, they committed an offence punishable under Sections 363, 366, 372, 373, 376 read with Section 34 of the Indian Penal Code.

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