STATE OF GUJARAT Vs. GALUBHAI BABUBHAI HALPATI

JUDGEMENT

(1.) Rule. Ms. Sadhana Sagar, learned Counsel assisting the respondent, who is appellant in Criminal Appeal No. 2076 of 2004 filed from jail, is appointed as amicus curiae to assist the respondent in this application. Ms. Sadhana Sagar, learned Counsel, waives service of notice on behalf of the respondent. Having regard to the facts of the case, the application is heard today.

(2.) By filing instant application under Section 391 of the Code of Criminal Procedure, 1973, the State of Gujarat has prayed to permit it to lead additional evidence of the girl, who was victim of rape, and direct the learned Sessions Judge, Navsari to record her evidence with the help of an interpreter and certify such evidence to this Court so as to enable this Court to proceed to dispose of the appeal filed by the respondent.

(3.) Heard the learned Counsels of the parties. The record indicates that the respondent has moved Criminal Appeal No. 2076 of 2004 under Section 374 (2) of the Code of Criminal Procedure, 1973, questioning legality of judgment dated October 28, 2004 rendered by the learned Sessions Judge, Navsari, in Sessions Case No. 37 of 2004, by which he is convicted under Sections 376 and 323 IPC, and sentenced to suffer RI for 10 years and fine of Rs.200/- (Rupees Two Hundred Only), in default SI for 1 month for commission of offence punishable under Section 376 IPC as well as SI for 6 months and fine of Rs.200/- (Rupees Two Hundred Only), in default SI for 1 month for commission of offence punishable under Section 323 IPC.