JUDGMENT

Surya Kant, J:

This criminal appeal has been heard through video conferencing. The appellant-Anversinh impugns the judgment pronounced by the High Court of Gujarat dated 28.07.2009 by which his conviction under Section 376 of the Indian Penal Code, 1860 (“IPC”) was overturned, but the charge of kidnapping under Sections 363 and 366 of IPC was upheld and consequential sentence of rigorous imprisonment of five years was maintained.

FACTS

2. The complainant Kiransinh - Jalamsinh (PW1) when came back from work on the night of 14.05.1998, he was informed by his wife that their eldest sixteen-year-old daughter (PW-3; hereinafter, “prosecutrix”) had not returned home. Educated till Class VII, the prosecutrix worked as a maid; sweeping and mopping a few hours every noon and evening. The complainant-father made enquiries at her workplace where he learnt from a watchman that his daughter hadn’t come for her second shift and that she was last seen coming out of the vacant Bungalow No. 4 of the Ramjani Society with the appellant. It was learnt upon enquiry that the appellant had left for his home in Surpur with the prosecutrix. The complainant rushed to the appellant’s home with his unc