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2018 Supreme(Guj) 1164

A.P.THAKER
Pravinbhai – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Manraj A. Barot.
For the Respondents: Jirga Jhaveri, A.P.P.

JUDGMENT :

A.P. THAKER, J.

1. This appeal is filed under Sec. 374(2) of Code of Criminal Procedure (for short 'Cr.P.C.') by appellant-accused, being aggrieved by the judgment and order dated 21st December, 2013 passed by the 5th Additional Sessions Judge, Bhavnagar Camp at Botad in Sessions Case No. 118 of 2013 whereby the appellant has been convicted for the offence punishable under Sees. 363 and 376 of Indian Penal Code (for short 'I.P.C.') and was awarded simple imprisonment for 5 years and to pay a fine of Rs. 3,000/-; in default of payment of fine to suffer simple imprisonment for 6 months and simple imprisonment of 10 years and fine of Rs. 5,000/-; in default of payment of fine thereof, to suffer simple imprisonment for one year respectively.

2. The prosecution case as revealed from the record is that the victim was abducted and kidnapped by the appellant-accused and she was alleged to have been raped by the accused and for that offence, the complaint was lodged by his father before the Botad Police Station and it was registered as I.C.R. No. 45 of 2013. The accused was ar













































































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