ORAL JUDGMENT

1. Heard learned Advocate for the appellant Mr. Tushar L. Sheth and learned Additional Public Prosecutor for the respondent – State Ms. Monali H.

Bhatt.

2. By way of this Appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973, the Appellant – original accused has felt aggrieved by the judgment and order of conviction dated 04.12.2008 of the learned Additional Sessions Judge, Fast Track Court No.3, Jamnagar whereby the accused was awarded the following punishments :-

Under Section 363 of the Indian Penal Code Rigorous imprisonment for seven years and fine of Rs.2,500/- and in default, simple imprisonment for one year.

Under Section 366 of the Indian Penal Code Rigorous imprisonment for ten years and fine of Rs.5,000/- and in default, simple imprisonment for two years.

Under Section 376 of the Indian Penal Code Rigorous imprisonment for ten years and fine of Rs.5,000/- and in default, simple imprisonment for two years.

All the above said sentences were ordered to run concurrently.

3. The brief facts of the case and the incident which is alleged to have occurred on 15.08.2004 are as under :-

The accused is alleged to have abducted the daughter of the complai