R/CR.A/20/2005 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL APPEAL NO. 20 of 2005

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE A.G.URAIZEE

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1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

No

2 To be referred to the Reporter or not ?

No

3 Whether their Lordships wish to see the fair copy of the

judgment ?

No

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

No

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DEEPAK @ DILIP JAYRAMBHAI PARMAR

Versus

STATE OF GUJARAT

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Appearance:

(MR KD VASAVADA)(976) for the Appellant(s) No. 1

MR RJ GOSWAMI(1102) for the Appellant(s) No. 1

MS HANSA PUNANI, APP (2) for the Opponent(s)/Respondent(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE A.G.URAIZEE

Date : 16/07/2019

ORAL JUDGMENT

1.

The appellant has assailed the judgment and order on

sentence dated 02.12.2004 passed by the learned Joint Judge &

Additional Sessions Judge, Fast Track Court No.6 Morbi,

passed in Sessions Case No.50 of 2003 wherein the appellant is

convicted for the offence punishable under Section 363, 366 and

376 of Indian Penal Code (“I.P. Code” for short) and is

sentenced to suffer rigorous imprisonment for 3 years and to

pay a fine of Rs.1000/-, in default, simple imprisonment for 2

months, rigorous imprisonment for 5 years and to pay a fine of

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R/CR.A/20/2005 JUDGMENT

Rs.1000/-, in default, simple imprisonment for 2 months and

rigorous imprisonment for 7 years and to pay a fine of

Rs.5000/-, in default, simple imprisonment for 6 months

respectively.

2.

The facts in brief giving rise to the present appeal are that

on 1.09.2003, victim (p.w.2) whose date of birth is 16.08.1991

i.e. aged around 13 years at the time of incident, who was the

daughter of Rameshbhai Vasrambhai Chavda (p.w.3) original

complainant did not return from the school in the evening. The

main hunt was lodged to trace out her. Ultimately, it was found

that p.w.2-victim was kidnapped by the appellant. A complaint

in respect of this incident was lodged with Vankaner City

Police Station where it was registered vide C.R. No. I14 of

2003 for the offence punishable under Section 363 and 366 of

I.P. Code later on offence punishable under Section 376 of the

I.P. Code was added.

3.

Upon the conclusion of the investigation, charge-sheet

came to be filed against the appellant in the Court of learned

Judicial Magistrate Vankaneri where it was registered as

Criminal Case No. 885 of 2003. The learned Magistrate

committed the case to the Sessions Court under Section 209 of

I.P. Code as the offence were exclusively triable by the Court of

sessions. In the Sessions Case the case was registered as

Sessions Case No.50 of 2003.

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R/CR.A/20/2005 JUDGMENT

4.

The Sessions Court framed charges against the accused

vide Exhibit-1. The same was read over and explained to the

accused - appellant, who pleaded not guilty and claimed to be

tried. In order to bring home the prosecution case, the

following witnesses came to be examined :

Oral Evidence

1

Dr. Pramodrai Chabildas Joshi

Exh.6

2

Ranjanben @ Sonal Rameshbhai Chavda

Exh.15

3

Rameshbhai Vasrambhai Chavda

Exh.21

4

Ramprakash Rajkumar Gupta

Exh.27

5

Haiderbhai Mahadbhai Movar

Exh.31

6

Maleksha Husainmiya Tank

Exh.34

7

Radhanbhai Laxmanbhai Ratho