VINODBHAI MAGANBHAI VAGHRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal by the appellant-convict above-named under Section 374 of the Code of Criminal Procedure, 1973 in order to challenge the judgment and conviction order dated 23.10.2000 recorded by the learned Sessions Judge, Kheda at Nadiad in Sessions Case No.52 of 2000 under which the learned trial Judge convicted the present appellant for an offence punishable under Section 376 IPC and sentenced him to suffer RI for 10 years. The learned trial Judge further directed the appellant to pay fine of Rs.5000/- and in default of payment of fine, he was required to undergo further RI for 5 months. The learned trial Judge also directed that in case of payment of fine by the present appellant, the said amount be paid to victim Laxmiben by way of compensation.

(2.) The facts of the case of the prosecution against the appellant before the trial Court may be briefly stated as follows:-

(3.) Since the offence was triable by a Court of Sessions, the Court concerned committed the case to the Court of Sessions. There the appellant was provided with copies of police investigation papers. The charge was framed and it was read over and explained to the appellant. The appellant pleaded not guilty to the said charge and, therefore, evidence was recorded.