ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE K.J.THAKER)

1. The Appellant-State has preferred this appeal under section 377 of CrPC for enhancement of sentence imposed upon the respondent by the impugned judgment and order dated 24.2.2011 passed by the learned 3rd Addl. Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 73/2010, whereby, the learned trial Judge has convicted the respondent for the offence under section 363 of IPC and sentenced to undergo R/I for one year and to pay a fine of Rs. 1000/-,in default, to undergo further imprisonment of three months. The respondent is convicted under section 366 of IPC and sentenced to undergo R/I for two years and to pay a fine of Rs. 1000/-, in default, to undergo imprisonment of three months. The respondent is also convicted under section 376 of IPC and sentenced to undergo R/I for five years and to pay a fine of Rs. 2000/-, in default, to undergo further imprisonment of six months, which is impugned in this appeal.

2.1 The brief facts of the prosecution case is that on 17.4.2010, the respondent-accused had taken away the victim girl who was aged about 12- 14 years at the time of incident, with him by giving false promise of mar