A.G. URAIZEE, J.

1. All these appeals arise from the selfsame judgment of the learned Additional Sessions Judge, Fast Track Court No.1, Ahmedabad City, rendered in Sessions case No.321 of 2007 and therefore, they are being disposed of by this common judgment.

2. Criminal Appeal No.1523 of 2009, 1743 of 2009, 462 of 2010 and 1984 of 2010 are preferred by the original accused persons-appellants herein while Criminal Appeal No.1557 of 2010 is preferred by the State for punishing the original accused No.1Mukesh @ Kalu Kanjibhai Patni, original accused No.3Shankar Asuji Gomar (Bhil) and original accused No.4Vihaji Bachuji Thakor under Section 376(G) of the I.P. Code.

3. The appellants have challenged their conviction and order of sentence dated 14.05.2009 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Ahmedabad City, in Sessions Case No.321 of 2007, whereby the appellants-original accused are convicted for the offences punishable under Sections 376, 363, 366(A) and 120(B) of the Indian Penal Code ( for short the “I.P. Code”).

4. For conviction under Section 376 of the I.P Code, the appellants have been sentenced to undergo imprisonment for life and fine of Rs.10,000/- each, in default of payment of fine, they shall undergo further simple imprisonment for one year. For conviction under Sections 363, 366(A) and 120(B) of the I.P. Code, the appellants have been sentenced to undergo rigorous imprisonment for seven years and fine of Rs.5,000/ each, in default of payment of fine, they shall undergo further simple imprisonment for six months. All the accused were given the benefits of set off.

5. The brief facts of the prosecution case as unfolded against the appellants-original accused during the trial is that on 15.07.2006 at about 11:00 pm. P.W.11original complainant, mother of the victim was sleeping on a coat along with the victim, aged then fours years and three months, outside their house. Between 2:30 am. and 3:30 am. the appellants original accused removed the minor victim from the guardianship of her mother-original complainant and kidnapped her with an intention to have sexual intercourse and committed rape on the minor victim in a field near Sanjay Nagar Chhapra and thereby committed the offences punishable under Section 363, 366(A) and 376 and 120(B) of the I.P. Code. A complaint in respect of this incident was lodged by the complainant with Ghatlodiya Police Station. In pursuance of this complaint, FIR vide Ghatlodiya Police Station ICR. No.210 of 2006 came to be registered.

6. The investigation was taken up and after usual investigation, charge sheet came to be filed against the appellants. The offences committed by the appellants were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the sessions Court at Ahmedabad City under Section 209 of the Code, where it was registered as Sessions Case No.321 of 2007. Charge vide Exhibit3 came to be framed against the appellants. They pleaded not guilty and claimed to be tried.

6.1. In order to bring home the charge against the appellants, the prosecution examined the following witnesses:

Sl. No.	Name of the Witness	Ex. Nos.
1	Dr. Alpesh Vinodchand Patel	11
2	Dr. Haresh Umeshchand Joshi	21
3	Dr. Vairavi Balwant Pandey	29
4	Bhilabhai Arjunbhai Pawar	31
5	Rameshbhai Tejabhai Desai	34
6	Gautam Sitaram Sonwane	40
7	Gopalbhai Babubhai Dantani	41
8	Arbindbhai Jayantibhai Patni	43
9	Laxmanbhai Ratnabhai Patni	47
10	Manjulaben Jayantibhai Patni	48
11	Pushpaben Ramubhai Patni	50
12	Priya Ramubhai	52
13	Basant Bhimrao	55
14	Yogeshkumar Prabhudas Patdiya	56
15	Kokilaben Hirabhai Chunara	58
16	Amratbhai Raval	59