RAMABHAI ABHABHAI VADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present application has been preferred by the applicants-convicts under the provisions of Sec. 389 of the Code of Criminal Procedure, 1973 (for short, the 'CRPC'), for suspension of sentence imposed upon them vide judgment and order of conviction dtd. 28/2/2023 passed by the learned Special Judge & Additional Sessions Judge, Sabarkantha at Himmatnagar, in Special (Atrocity) Case No.16 of 2019.

(3.) By the aforesaid judgment and order, the learned Special Judge has convicted the applicants-appellants for the offences punishable under Ss. 376(D), 342, 450 and 506(2) of the Indian Penal Code, 1860 (for short, the 'IPC'). For the offence punishable under Sec. 376(D) of the IPC, the applicantsappellants have been imposed sentence to suffer rigorous imprisonment for life and also to pay a fine of Rs.50,000.00=00 and in default of payment of fine, further to suffer simple imprisonment for one year. Moreover, since the applicants- appellants have been imposed sentence to suffer rigorous imprisonment for life, therefore, no separate sentence has been imposed upon the applicants-appellants for the other offences punishable under Ss. 342, 450 and 506(2) of the IPC.