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2016 Supreme(Guj) 789

RAJESH H.SHUKLA
Thakor Bharatji Jivanji Sataji – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rekha H. Kapadia
For the Respondents: Hansa Punani, APP

JUDGMENT :

Rajesh H. Shukla, J.

1. The present appeal is filed by the appellant-original accused under Section 374 of the Code of Criminal Procedure, 1973 challenging the impugned judgment and order rendered in Sessions Case No. 85/2013 by the Ad-hoc Additional Sessions Judge, Patan dated 18.12.2014 recording conviction and sentence for the offence under Sections 363, 366 and 376 of the Indian Penal Code as stated in detail in the impugned judgment.

2. The fact of the case briefly summarized are as follows:--

"2.1 On 14.12.2012, the minor daughter of the complainant is said to have been enticed away by the appellant-accused, for which, complaint came to be filed being C.R. No. I-15/2013 with Patan City 'B' Division Police Station for the offences under Sections 363, 366, 506(2) and 114 of the Indian Penal Code. However subsequently, report was made for the offence under Section 376 of the Indian Penal Code and the charge for the offence under Section 376 of the Indian Penal Code was added.

2.2 On the basis of the complaint, the investigation was made and chargesheet came to be filed. However as the offences were triable by the Court of Sessions, it was committed to the Court of Sessions






















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