RAWAL CHHANALAL SHIVRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner above named has preferred this Criminal Revision Application under Section 397 read with 401 of the Criminal Procedure Code, 1973, against the judgments and conviction orders recorded by the two Courts below for the offence punishable under Section 377 of the I.P.C.

(2.) The petitioner was initially convicted for the said offence in Criminal Case No.14/1992 by the learned Chief Judicial Magistrate, Mehsana by his judgment and order dated 30.6.1992 and he was sentenced to suffer R.I. for 5 years. He was directed to pay fine of Rs.5,000.00 for the said offence punishable under Section 377 of the I.P.C. In default of payment of fine, he was directed to undergo further S.I. for 1 year. The learned Chief Judicial Magistrate also directed that in case of recovery of fine of Rs.3,000.00 an amount of Rs.2,500/shall be paid by way compensation to the victim Kaushikkumar.

(3.) The present petitioner carried the said order before the Sessions Court at Mehsana by way of Criminal Appeal No.39/1992. The learned Additional Sessions Judge at Mehsana dismissed the said appeal of the present petitioner and confirmed the judgment and conviction order recorded by the learned Chief Judicial Magistrate, Mehsana by order dated 29.8.1992.