SANJAY RATILAL CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, the appellant-original accused has challenged the judgement and order of conviction dated 12th July, 2005 passed by the learned Additional Sessions Judge, Court No.7, City Civil and Sessions Court, Ahmedabad, in Sessions Case No. 320 of 2004, whereby the learned trial Judge has convicted the appellant, original accused for the offence under section 376 of the Indian Penal Code with fine of Rs.10,000/- and in default of payment, further sentenced to suffer rigorous imprisonment for two years. Learned trial Judge further directed to pay an amount of the Rs.9000/- to the parents of victim girl. The appellant, original convict was also given the benefit of set-off.

(2.) The facts in a nutshell are as under;

(3.) Learned counsel for the appellant contended that learned trial Court without appreciating the evidence on record has passed the impugned judgment and award of conviction. He further conceded that even if it is presumed that the accused has attempted to commit the offence of rape then also the conviction awarded by the trial Court is on higher side. Therefore, he prayed to reduce the sentence from maximum imprisonment to minimum imprisonment.