Case Note & Summary
The case arises from a criminal appeal against the judgment of conviction dated 31.07.2005 passed by the learned Fast Track Court, Bhavnagar in Sessions Case No.16 of 2006. The appellants, Vijay Kalubhai Koli (since deceased and appeal abated) and another, were tried for offences under Sections 363, 366, 376 and 114 of the Indian Penal Code. The trial court acquitted them of the charge under Section 376 IPC but convicted them under Sections 363, 366 and 114 IPC, sentencing them to 3 years rigorous imprisonment and fine for each offence, with sentences to run concurrently. The appeal qua appellant No.1 abated due to his death on 26.12.2017. The remaining appellant challenged the conviction. The High Court examined the evidence, including the testimony of the prosecutrix, who consistently stated that she was taken away by the accused against her will. Medical evidence indicated her age was below 18 years. The court found no reason to disbelieve the prosecutrix and held that the prosecution had proved its case beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Kidnapping and Abduction - Sections 363, 366, 114 IPC - Conviction upheld - The appellant was convicted for kidnapping a minor girl and abducting her with intent to marry. The court relied on the consistent testimony of the prosecutrix and medical evidence showing her age below 18 years. Held that the prosecution proved its case beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 363, 366 and 114 of the Indian Penal Code is sustainable in law.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the learned Fast Track Court, Bhavnagar in Sessions Case No.16 of 2006 are upheld.
Law Points
- Kidnapping
- Abduction
- Abetment
- Conviction upheld
- Acquittal for rape
- Concurrent sentences
