VIJAY HARILAL BAVISI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal under Section 374 of Code of Criminal Procedure, 1973, original accused has challenged the judgement and order dated 11.12.2009 passed by learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.3, Jamnagar in Sessions Case No. 136 of 2007 by which the learned Sessions Judge has convicted the appellant for the offence punishable under Sections 363, 366 and 376 of Indian Penal Code. ( for short " the IPC") and awarded 4 years rigorous imprisonment with fine of Rs. 500/ in default of payment of fine, further simple imprisonment of one year, 5 years rigorous imprisonment with fine of Rs. 500/ in default of payment of fine, further simple imprisonment one year and 7 years rigorous imprisonment with fine of Rs. 1000/ in default of payment of fine, further simple imprisonment of one year respectively.

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

(3.) THE charges were framed against the accused at Exh. 5 on 11.01.2008. On denying the charges by the accused, the learned Sessions Judge proceeded further with the trial.