HANIF HASAMBHAI KARUD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment and order by the Second Fast Track Judge, Junagadh in Session Case No.78 of 2004 whereby the trial Court has convicted the appellant for the offences under section 376 and 506(1) of the Indian Penal Code. The appellant is sentenced to life imprisonment with fine of Rs.10,000/ - and in default to undergo two years of rigorous imprisonment in addition for the offence under section 376. Whereas, for the offence under section 506(1), he is sentenced to two years of rigorous imprisonment with fine of Rs.1,000/ - and in default rigorous imprisonment for further six months. Both the sentences are directed to run concurrently. It further directed that out of the amount of fine, Rs.8,000/ - shall be paid to the victim towards compensation.

(2.) IN view of the learned advocate limiting the case to the sentence part only, it is not necessary to consider the merits of order of conviction. In the present judgment, therefore, the narration and discussion of facts and evidence is in the context of quantum of sentence only.

(3.) THE case of the prosecution concisely stated is that about 6 -7 months prior to 29/30.07.2004 during noon time, the victim had gone for latrine at a barren place in backside of her house. At that time the appellant called her and took her to old house without doors located at some distance, where the appellant committed the crime. Similar happened after 2 -3 days and the appellant again committed the crime.