(Arun Mishra and Amitava Roy, JJ.)
Arvind __________________________________________ Appellant;
v.
State of Gujarat ___________________________________ Respondent.
Criminal Appeal Nos. 55-56 of 2008, decided on February 21, 2018
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties.
2. These appeals by special leave are directed against the judgment and order dated 20.11.2006 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 1874 of 2006 with Criminal Miscellaneous Application No. 12522 of 2006 whereby the High Court dismissed the Criminal Appeal No. 1874 of 2006 filed by the appellant herein, challenging the order of the Sessions Court convicting the appellant.
3. The conviction was recorded by the trial Court under Section 363 of the Indian Penal Code and the appellant was sentenced to undergo rigorous imprisonment for two years with fine of Rs. 500/-, and in default, to undergo one month’s rigorous imprisonment.
4. It is jointly stated by the learned counsel for the parties that the victim has married to the appellant and they are having a child of 10 years and they are living happily.
5. On merits, it is apparent that the victim, in her deposition has stated that she has voluntarily gone with the appellant and she has not been taken away from the custody of her parents. Therefore, in our opinion, no case under Section 363 was made out.
6. In view of the peculiar facts and circumstances of the case, we set aside the conviction and sentence imposed upon the appellant.
7. The appeals are, accordingly, allowed.
8. The appellant is on bail. His bail bonds stand discharged.
Criminal Appeal No(s). 55-56/2008
Arvind @ Kalubhai Mohanbhai Lohia _________________ Appellant
v.
State of Gujarat _________________________________ Respondent
Date : 21-02-2018 These appeals were called on for hearing today.
(Before Arun Mishra and Amitava Roy, JJ.)
For Appellant(s) Mr. Amar Dave, Adv.
Mr. Rishab Parikh, Adv.
Mr. E. C. Agrawala, AOR
For Respondent(s) Ms. Hemantika Wahi, AOR
UPON hearing the counsel the Court made the following
ORDER
9. In view of the peculiar facts and circumstances of the case, we set aside the conviction and sentence imposed to the appellant.
10. The appeals are, accordingly, allowed.
11. The appellant is on bail. His bail bonds stand discharged.
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