NASIRKHAN GULABKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal under section 374 of the Code of Criminal Procedure, the appellant has assailed the judgement and order dated 29.06.2002 passed by the learned Additional Sessions Judge, Bharuch in Sessions Case No. 235 of 1998 whereunder the appellant came to be convicted for the offence punishable under sections 363, 366 read with section 114 of the Indian Penal Code and sentenced to suffer rigorous imprisonment of seven years and to pay fine of Rs. 500.00, in default, to suffer further simple imprisonment for 30 days.

(2.) The prosecution case against the appellant as could be gathered from the impugned judgement and connected material is that Hasanbhai Ibrahim Shaikh, PW-1, lodged a complaint with Jambusar Police Station on 28.04.1998 inter alia stating that there was a marriage of the daughter of his neighbour on 27.04.1998. His entire family was invited in the marriage. The ladies were busy with the arrangement of the marriage while the children were playing outside. At that time at about 11:00 am, his daughter named Farhin aged 04 years went missing. A complaint in this respect was lodged by his wife, PW-2 in the police station. They all were searching for the daughter.

(3.) On 28.04.1998, at about 10:30 am, a boy came and informed him that one girl is found lying in Ganjsahit kabrastan. He immediately rushed to the kabrastan and found that his maternal uncle Samsubhai had taken the said girl to a hospital. He therefore went to the Kotage hospital where he was informed by his wife, PW-2 that rape is committed on the daughter Farhin and her face was swollen. The girl had injuries on her private parts and had abrasions all over her body. She was shifted to SSD hospital, Baroda for further treatment and PW-1 went Jambusar Police Station to lodge the complaint. On the basis of his complaint, FIR vide I-C.R.No. 34 of 1998 was registered.