VAHERSINH RAMJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused of Sessions Case No. 400 of 1993 which was pending on the file of Learned Principal City Civil and Sessions Judge, Ahmedabad (who will be referred to as the Learned Judge of the trial Court hereinafter for the sake of convenience), has by preferring this appeal under Section 374 of Cr.P.C. challenged the legality and validity of the judgement Exh.41 of conviction and sentence rendered by the Learned Judge of the trial Court, on 4.5.1994 in aforesaid Sessions Case No. 400 of 1993.

(2.) The brief facts leading to this appeal in a nutshell are as follows:-

(3.) The Learned Judge of the Trial Court after appreciating the evidence laid by the prosecution and after considering written statement Exh.37 and on going through the documents produced by accused in his defence and after hearing the arguments of the Learned Advocates for both the parties came to a conclusion that prosecution has proved beyond reasonable doubt, the case of committing rape i.e. offence under Section 376 IPC against accused and therefore by rendering the judgment Exh.41 dated 4.5.95, the Learned Judge of the Trial Court convicted the accused under Section 376 IPC and after hearing the accused on the point of quantum of sentence he sentenced the accused to undergo rigorous imprisonment of 7 years and to pay a fine of Rs.500.00 and in default of fine to undergo further rigorous imprisonment for 3 months. The accused was on bail, therefore on the date of rendering judgement, he was taken into custody.