DARJI CHIRAG URMILBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant Accused has filed this Appeal under Sec. 374 of the Code of Criminal Procedure ("the Code" for short) being aggrieved and dissatisfied with the judgment and order dtd. 15/10/2005 passed by the learned Additional Sessions Judge and Presiding Officer (5th Fast Track Court) Mahesana (hereinafter referred to as "the learned Sessions Judge") in Sessions Case No. 104 of 2005.

(2.) Heard learned Advocate Mr. Vijay H. Patel for H.L.Patel Advocates for the Appellant and learned APP Ms. Jirga Jhaveri for the Respondent State of Gujarat. Order under challenge:

(3.) The Appellant Accused has challenged his conviction order dtd. 15/10/2005 passed by the learned Sessions Judge in Sessions Case No. 104 of 2005 whereby the Appellant Accused was convicted for the offence punishable under Ss. 363, 366 and 376 of the Indian Penal Code and sentenced to undergo RI of 3 years and fine of Rs.1500.00 and in default to undergo further imprisonment of 6 months for the offence under Sec. 363 IPC. The Appellant Accused was convicted for the offence punishable under Sec. 366 IPC and was sentenced to undergo RI of 4 years and fine of Rs.1500.00 and in default to undergo further imprisonment of 6 months and was convicted for the offence punishable under Sec. 376 IPC and was sentenced to undergo RI of 7 years and fine of Rs.2000.00 and in default to undergo further RI of 9 months. Arguments on behalf of the Appellant: