Case Note & Summary
This criminal appeal arises from a judgment of the High Court of Gujarat dated 04.04.2011 in Criminal Appeal No. 2158/2005. The appellant, Satish Kumar Jayanti Lal Dabgar, was convicted by the trial court (Additional Sessions Judge, Sabarkantha, 4th Fast Track Court, Modasa, Gujarat) on 15.09.2005 for offences under Sections 363, 366, and 376 of the Indian Penal Code. The sentences imposed were three years rigorous imprisonment and fine for Section 363, five years rigorous imprisonment and fine for Section 366, and seven years rigorous imprisonment with a fine of Rs. 45,000 (to be paid as compensation to the victim) for Section 376. All sentences were to run concurrently. On appeal, the High Court affirmed the conviction but partly allowed the appeal by reducing the sentence under Section 376 from seven years to four and a half years rigorous imprisonment, leaving the rest of the trial court‘s order undisturbed. The appellant then approached the Supreme Court. At the hearing, the amicus curiae appointed by the Court did not appear; Mr. Mohan Pandey, advocate, assisted the Court at its request. The facts, as briefly noted in the judgment, indicate that on 01.09.2003, the complainant’s wife returned home from the market to find her daughter missing. Upon inquiry, Hansaben informed her that the appellant had come to the house and spoken to the daughter, and then left. The judgment text is incomplete, and the Supreme Court’s decision, reasoning, and any legal issues discussed are not available in the provided excerpt.
Issue of Consideration
Case Details
2015 LawText (SC) (03) 111
Criminal Appeal No(s). 230 of 2013
Mr. Parmanand Katara, Mr. Mohan Pandey
Satish Kumar Jayanti Lal Dabgar
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Nature of Litigation
Criminal appeal against conviction and sentence for kidnapping and rape
Remedy Sought
Appeal against High Court‘s judgment affirming conviction but reducing sentence; appellant seeks further relief
Previous Decisions
Trial court (Additional Sessions Judge, Sabarkantha, 4th Fast Track Court, Modasa, Gujarat) on 15.09.2005 convicted appellant under Sections 363, 366, 376 IPC and sentenced him to rigorous imprisonment and fines. High Court of Gujarat in Criminal Appeal No. 2158/2005 on 04.04.2011 partly allowed appeal, affirmed conviction but reduced sentence under Section 376 IPC from 7 years to 4½ years rigorous imprisonment.
Judgment Excerpts
The appellant herein was put on trial and convicted for offences under Sections 363, 366 as well as 376 of the Indian Penal Code (for short the 'IPC') and was sentenced to undergo rigorous imprisonment for committing the aforesaid offences
On 01.09.2003 at about 17.15 hours when wife of the complainant returned from the market purchasing vegetable, she could not find her daughter at home.
Procedural History
Trial court convicted appellant on 15.09.2005. High Court partly allowed appeal on 04.04.2011, reducing sentence. Appellant filed appeal in Supreme Court. Supreme Court appointed amicus curiae but he did not appear; Mr. Mohan Pandey assisted the Court at its request. The matter was heard.
Acts & Sections
- Indian Penal Code, 1860: 363, 366, 376
