MAHESHBHAI GHANSHYAMBHAI NAGVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal under Section 374 (2) of Code of Criminal Procedure, 1973 ('" the Code" for short), original accused has challenged the judgement and order dated 26.06.2008 passed by learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 4, Bhavnagar in Sessions Case No. 83 of 2008 by which the learned Additional Sessions Judge has convicted the appellant for the offences punishable under Sections 363, 366 and 376 of Indian Penal Code. ( for short "the IPC") and awarded two years rigorous imprisonment with fine of Rs. 500/ in default of payment of fine, further rigorous imprisonment of one month, three years rigorous imprisonment with fine of Rs. 1000/ in default of payment of fine, further rigorous imprisonment two months and seven years rigorous imprisonment with fine of Rs. 5000/ in default of payment of fine, further rigorous imprisonment of three months, respectively.

(2.) BRIEF facts which emerge from the record are as under:

(3.) PROSECUTION examined 8 witnesses including the complainant and 16 documentary evidences including medical certificate, birth certificate, panchnama, FSL report etc. were produced.