DASARATHBHAI JAGABHAI ALIAS JAGMALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of the judgment and order dated 15.12.2008 rendered by the Sessions Court, District : Rajkot, Gondal camp at Dhoraji, in Sessions Case No. 107/2008, convicting the appellant for the offence punishable under Section 376 of the Indian Penal Code [IPC for short] and sentencing him to suffer R.I for ten years with a fine of Rs. 1000/-, in default, S.I for one month.

(2.) SINCE these two appeals arise out of the same judgment and order, they are heard and decided together by this common judgment.

(3.) CHARGE was framed against the accused at Exh.6 for the offences punishable under Section 363, 366 & 376 IPC. The accused pleaded not guilty to the charge and came to be tried. The trial Court found that the prosecution was not able to successfully prove against the accused the offences punishable under Sections 363 & 366 IPC and recorded his acquittal therefor, whereas it found that the offence of rape was established and, therefore, convicted him, as stated hereinabove. Hence, these appeals.