RAJUBHAI HULABHAI KHAVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal under Section 374(2) of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 30.6.2006 passed by the learned Presiding Officer, 2nd Fast Track Court, Rajkot in Sessions Case No.20 of 2006, whereby the learned Sessions Judge has convicted the appellant under Sections 363 and 114 of the Indian Penal Code and sentenced the appellant to undergo R.I. of five years and to pay a fine of Rs.2,000/-, in default, to undergo further R.I. for one month. THE learned Sessions Judge was further pleased to convict and sentence the accused for the offence punishable under Section 366 read with Section 114 of the Indian Penal Code, to undergo R.I. for 7 years and fine of Rs.3000/-, in default, further R.I. for two months.

(2.) THE brief facts of the prosecution case are as under: THE allegations levelled against the accused are that the accused - present appellant along with other accused have misguided the daughter of the complainant who was about 16 years and the accused No.1 gave fake promise for marriage. THE main accused kept the daughter of the complainant with him for about 18 days and raped the daughter of the complainant and present appellant along with other accused helped the accused No.1 in commission of the offence. THErefore, the complaint for the offences punishable under Sections 363, 366, 376 and 114 of the Indian Penal Code being complaint C.R. No.I - 120 of 2005 before Jasdan Police Station against the appellant along with other co accused.

(3.) TO prove the case against the appellant, the prosecution has produced documentary evidence and also examined 8 witnesses before the trial Court.