PRAKASHPURI SHANKARPURI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals were taken up for hearing since the accused is facing sentence of five years and has already served out more than two years and nine months. State appeal seeking enhancement of the sentence is connected.

(2.) BRIEFLY stated the prosecution version is as follows:

(3.) THE accused was therefore charged for the offence punishable under Sections 363, 366, 376 of Indian Penal Code by the learned Additional Sessions Judge, Palanpur. By the impugned judgment dated 26th May, 2011 in Sessions Case No.78 of 2010, the learned 3rd Additional Sessions Judge, Palanpur convicted the accused for the offence punishable under Section 376 of Indian Penal Code and sentenced him to undergo Rigorous Imprisonment of five years. Fine of Rs.2,000/ - was also imposed. He was however, not found guilty for offences under Sections 363 and 366 of IPC.