- (1.)THIS is an appeal by the original accused No.2 -appellant, challenging the judgment and order of the learned Additional Sessions Judge, Porbandar (for short, 'the Trial Court'), Dated : 23.06.2011, whereby, the trial Court, though, acquitted the original accused No.1, convicted and sentenced the accused No.2 as under;
(1) For the offence punishable under Section 363 of the IPC, to undergo rigorous imprisonment for five years and to pay fine of Rs.5,000/ - and in default to undergo further simple imprisonment for three months;

(2) For the offence punishable under Section 366 of the IPC, to undergo rigorous imprisonment for five years and to pay fine of Rs.5,000/ - and in default to undergo further simple imprisonment for three months; and

(3) For the offence punishable under Section 376 of the IPC, to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000/ - and in default to undergo further simple imprisonment for three months.

(2.)THE brief facts of the case of the prosecution, as set out before the trial Court, are that the accused No.2 in connivance with original accused No.1, herein, on 03.11.2010 allegedly eloped the daughter of the complainant from her legal guardianship with a view to have sexual intercourse with her and took her to Sethdi, Uncha Kotda etc. places and thereby committed the aforesaid offences. Hence, the complainant lodged the complaint. On registration of the complaint, police carried out investigation into the alleged offence and on finding sufficient evidence filed a charge -sheet against the accused Nos. 1 and 2. at the time of trial, since, the accused Nos. 1 and 2 did not plead guilty, the trial was conducted.
(3.)AT the time of trial, in order to establish the guilt of the accused, the prosecution examined the following witnesses; JUDGEMENT_281_LAWS(GJH)3_2015.htm
Over and above the oral evidences, the prosecution also produced the following documentary evidences in support of its case;
JUDGEMENT_281_LAWS(GJH)3_12015.htm