STATE OF GUJARAT Vs. THAKOR KANUJI @ JAHAJI KUBERJI

JUDGEMENT

(1.) BOTH these appeals arise out of a common judgement and order dated 3.6.2010 passed by learned Additional Sessions Judge & Presiding Officer, camp at Visnagar, in Sessions Case No. 100 of 2009. Therefore, they are heard together and disposed of by this common oral judgement.

(2.) CRIMINAL Appeal No. 1327 of 2010 is filed by the State under Section 377 of the Code of Criminal Procedure, 1973 for enhancement of sentence awarded by the Trial Court whereas Criminal Appeal No. 1671 of 2010 is filed by the appellant -original accused under Section 374 of the Code of Criminal Procedure against his conviction under Section 394 read with Section 397 of the Indian Penal Code.

(3.) LEARNED APP Mr. Soni for the appellant State has contended that in view of the evidences PW -1 Dr. Rameshbhai Maganbhai Shah, PW -2 Rameshji Prahladji Thakor, PW -3 Bhavanaben Rameshbhai Thakor, PW -4 Bharatji Suraji Thakor, PW -5 Chehaji Babaji Thakor, PW -6 Vinuji Somaji Thakor, PW -9 Dr. Pravinbhai Gandabhai Rabari, PW -10 Dalaji Chanduji Thakor, PW -11 Dr. Nishitbhai Baldevbhai, PW -14 Sendaji V. Thakor, PW -15 Kantibhai Nathubhai, PW -16 Chanduji Gulabsinh Solanki, PW -17 Udaykumar Bhanushankar Raval, the trial Court, though accepted the case of the prosecution, sentenced the accused to suffer rigorous imprisonment for three years in spite of the fact that the language used in Section 397 of the Indian Penal Code that punishment for committing the offence shall not be less than seven years. He further contended that the trial Court has not imposed any fine on the accused though under Section 395 of the IPC both fine and sentence are required to be imposed. In that view of the matter, the sentence imposed by the trial Court is required to be enhanced.