DINESHBHAI JASWANTBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) FOR the sake of convenience the parties to the proceedings shall be referred to as per their original status before the trial Court as Accused -1 (A -1), Accused -2 (A -2), Accused -3 (A -3) and Accused -4 (A -4) respectively.

(2.) ALL the present Criminal Appeals being Criminal Appeal No.1111 of 2003 (preferred by A -4), Criminal Appeal No.997 of 2003 (preferred by A -3), and Criminal Appeal No.1133 of 2003 (preferred by A -1 and A -2), are directed against the judgement and order dated 6.8.2003 passed by the learned Sessions Judge in Sessions Case No.259 of 1995, whereby the accused Nos.1 and 4 have been convicted for the offence punishable under Section 377 of IPC sentencing with the imprisonment of 10 years each with the fine of Rs.5,000/ - each, and accused Nos.2 and 3 have also been convicted for the offence punishable under Section 377 of IPC, sentencing with the imprisonment of 5 years each with the fine of Rs.2,000/ - each and further all the accused have been convicted for the offence punishable under Section 292 of IPC with the imprisonment of one year with the fine of Rs.1,000/ - each and all the accused have also been convicted for the offence punishable under Section 293 of IPC, convicting with imprisonment of 2 years with the fine of Rs.2,000/ -.

(3.) IT may be recorded that the Criminal Revision Application No.443 of 2005 has been registered for enhancement of the sentence against the accused No.2 in view of the reasons recorded by this Court in the order dated 12.5.2005 in Criminal Misc. Application No.2984 of 2004 in Criminal Appeal No.1133 of 2003, whereby the office was directed to issue notice of enhancement forthwith to the applicant therein (A -2) to show cause as to why the sentence of R.I. of 5 years imposed upon her should not be enhanced. Prosecution CASE : -