JUDGMENT :

R.M. CHHAYA, J.

1. The present appeal under sections 374(2) of Cr.P.C. is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge and Special Judge at Panchmahal at Godhra in Special Case (POCSO) No. 23 of 2014. The appellant has been convicted for offences under sections 363, 366 of IPC and was sentenced to undergo Rigorous Imprisonment of 2 years and fine of Rs. 1,000/- and in default to undergo simple imprisonment of 2 months. The appellant also came to be convicted for the offence under section 376 of IPC and section 3, 4 of the POCSO Act and was sentenced to undergo Rigorous Imprisonment for 7 years and fine of Rs. 5,000/- and in default to undergo Simple Imprisonment for 1 year by the Additional Sessions Judge and Special Judge, Godhra, District Panchmahal.

2. The case of the prosecution in a nutshell is as under:-

2.1. That father of the prosecutrix Motibhai Dolatbhai Parmar lodged a report on 17.06.2013 with Sahera Police Station that on 09.06.2013 when the original complainant had gone out of station with his wife and when he came back the next day, i.e. 10.06.2013, he did not found his daughter in the bed kept in lobby. It is further the case of the prosecution that the original complainant made frantic efforts through his relatives and neighbours to find out the whereabouts of his daughter who was a minor aged 16 years and 11 months. It is the case of the prosecution that the appellant kidnapped the minor daughter of the original complainant and lured her for marriage and committed the offence of rape against her wish and will. The First Information Report was lodged with Sahera Police Station which was registered as I-CR No. 55/2013 for offences under section 363 and 366 and 376.

2.2. After preliminary investigation was conducted by the investigating authorities, the appellant and the prosecutrix were produced before the Sahera Police Station. After the completion of the investigation, charge-sheet came to be filed and the case was committed to the Sessions Court and the same was registered as Session Case No. 15 of 2014. The record indicates that before the charge came to be framed, application below exhibit 3 was filed by the prosecution and offences under section 3, 4 of Prevention of Children from Sexual Offences Act, 2012 came to be added. The same came to be registered as Special Case (POCSO) No. 23 of 2014. The charge was framed at exhibit 5 and as the appellant did not plead guilty, the case was committed for trial. The prosecution relied upon 11 prosecution witnesses being Motibhai Dolatbhai Parmar, being father at exhibit 10, panch witnesses at exhibit 13, 18, 20, 31, respectively. The prosecution also relied upon the oral testimony of the prosecutrix at exhibit 15, brother of the prosecutrix at exhibit 25, oral testimony of Dr. Baria at exhibit 27. The prosecution also examined Hasmukhbhai Babubhai Gameti, the Police Officer who lodged the complaint at exhibit 39 and also relied upon the deposition of IO Shri Bharwad at exhibit 40. The prosecution also relied upon documentary evidence FIR, panchnama of the scene of occurrence at exhibit 13, another panchnama at exhibit 19, the panchnama of the cloths of the prosecutrix at exhibit 21, the medical certificate issued by the medical centre at Sahera at exhibit 30, the medical certificate of the appellant at exhibit 28, Serological report at exhibit 44 and 47 in particular. The statement of the appellant as provided under section 313 of the Cr.P.C. was recorded wherein the allegations came to be denied by the appellant, however the appellant preferred not to adduce any evidence. The learned Special Court after appreciating the evidence on record, came to the conclusion that the prosecution has been able to establish the guilt of the appellant and by the impugned judgment and order of conviction, convicted the appellant for the offences under section 363, 366, 376 of IPC and section 3, 4 of POCSO