(1.) Heard Mr.Gharaniya, learned counsel appearing for the appellant and Mr.I.M. Pandya, the learned Additional Public Prosecutor.
(2.) This appeal is preferred against the order of conviction dated 28th April, 2004, passed by the learned Additional Sessions Judge, Surat at Vyara in Sessions Case No.204/1997. The appellant, who has been convicted, is the orig.accused no.1 in the aforesaid case and the rest of the accused persons have been acquitted by the learned trial Judge by giving them benefit of doubt.
(3.) The appellant-accused has been held guilty for the offence punishable under Section 376 of the Indian Penal Code and he has been ordered to undergo RI for seven years and a fine of Rs.2000.00(Rupees Two Thousand); in default to undergo SI for three months. The order of conviction has been read over by the learned counsel appearing for the appellant and he has taken me through the oral as well as documentary evidence led by the prosecution.