- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of the High Court of Gujarat, dated 18.07.2016, in Crim. App. No. 1546 of 2011 and Crim. Rev. App. No. 581 of 2013, wherein the High Court has enhanced the sentence of imprisonment from two years nine months and fine of Rs. 100/-, in default thereof, a further period of simple imprisonment of seven days, as convicted by the Trial Court, to an imprisonment of seven years and additional fine of Rs. 5,000/-, in default thereof, to undergo further imprisonment for a period of three months under Sections 363, 366 and 376 of Indian Penal Code, 1860 [hereinafter 'IPC' for brevity].
(3.) From the material placed before us, the emergent facts are that the father of the victim (girl) had lodged the complaint on 13.10.2008, complaining that his daughter was missing from her school since 11.10.2008 and the accused is responsible for the same. It is clear from the written note left in her school bag, that the girl had left the school voluntarily due to harassment meted out by her mother. Accused as well as the girl stayed together until 20.10.2008 when they were nabbed finally. Additionally it is borne out of the evidence available on record that the girl had love affair with the accused and indulged herself in consensual sexual intercourse in the intervening period when they had eloped. There is no dispute as to the fact that the accused was nineteen years old and the girl was less than sixteen years old at the time of the incident. Basing on the complaint filed by the father of the girl, police registered an FIR being CR No. 344 of 2008 under Sections 363, 366, 376, 114, 377, 397 and 401 of IPC. Subsequently, 5th Addl. Sessions Judge took cognizance of the case under Section 363, 366, 376 and 114 of IPC.;