BABUBHAI PUNJABHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals arise out of a judgment and order rendered by learned City Sessions Court, Ahmedabad on January 30, 2006 in Sessions Case No.351 of 2004, whereunder, both the appellants came to be convicted for the offences punishable under Sections 376(2)(d) and 376(2)(g) read with Section 34 of the Indian Penal Code and were sentenced to rigorous imprisonment for 12 years with a fine of Rs.5,000/- for each offence, in default, to undergo simple imprisonment for one year for each default. The accused were given benefit of set off and both the sentences were ordered to run concurrently. The appellant Babubhai Punjabhai Waghela in Criminal Appeal No.1364 of 2006 was accused no.1 and the appellant in Criminal Appeal No.1749 of 2006 Vitthalbhai Mathurbhai Harijan was accused no.2 before the trial Court. Since these two appeals arise out of a common judgment and order, they are disposed of by this common judgment. For the sake of convenience, the appellants are referred to in this judgment by their original status as accused no.1 (for short 'A1') and accused no.2 (for short 'A2'), respectively.

(2.) Original Accused No.1, Babubhai Punjabhai Waghela, is reported to be on bail during pendency of the appeal; whereas, Original Accused No.2, Vitthalbhai Mathurbhai Harijan, is in jail.

(3.) A1 is represented by learned advocate Mr. S.R. Yadav and A2 is represented by learned advocate Mr. Hitesh Padhya, whereas, the respondent - State of Gujarat is represented by learned APP Mr.N.B. Soni in both the appeals.