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2016 Supreme(Guj) 730

RAJESH H.SHUKLA
Harishbhai Kalabhai Bagda – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : F.B. Brahmbhatt
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. 81/2010 by the Sessions Judge, Amreli dated 21.07.2011 recording conviction and sentence as stated in detail in the impugned judgment.

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

"2.1 On 09.06.2010 at about 02:00 p.m., the appellant-accused along with other co-accused is said to have enticed away the complainant aged about 16 years from the lawful custody of the parents with an intention to marry and/or to have intercourse and thereby committed the offence as stated in detail under Sections 363, 366 read with Section 114 and also for the offence under Section 376 read with Section 114 of the Indian Penal Code. The complaint came to be lodged by the complainant-victim being C.R. No. I-86/2010 for the alleged offences under Sections 363, 366, 376 read with Section 114 of the Indian Penal Code with Amreli Taluka Police Station.

2.2 On the basis of the complaint, the investigation was made and chargesheet came to be filed. However as the offences we
































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