JAMAL ALIAS BADSHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by the learned Addl. Principal Judge, City Civil & Sessions Court, Ahmedabad, in Sessins Case No. 370 of 2007 recording the conviction of the accused for the offence under section 489B of IPC and imposing R.I. for 4 years and fine of Rs. 5,000/-, in default R.I for 6 months and also recording conviction for the offence under sec. 489C of IPC, imposing sentence of R.I. for 2 years and fine of Rs. 5,000/-, in default R.I. for 6 months. Both the sentences have been ordered to run concurrently.

(2.) The facts of the case, briefly summarised, are as follows:

(3.) It is this judgment and order which has been assailed on the grounds stated in detail in the memo of application that the learned Judge has failed to appreciate the material and evidence on record. It has been also contended that the testimony of the complainant and his conduct do not inspire confidence. It is also contended that the learned Judge has failed to appreciate that the entire version stated by the complainant is doubtful and the conclusion recording the conviction could not have been arrived at on the basis of the material and evidence on record.