JAGDISHCHANDRA V JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS matter has gone up to the Hon'ble Apex Court, and therefore, though the matter is of the year 2014, is ordered to be heard expeditiously by the Hon'ble Apex Court, and therefore, with the consent of learned advocates of both the sides, this matter is taken up for final hearing today.

(2.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 10.1.2014 passed by the learned 2nd Addl. Sessions Judge, Kheda at Nadiad in Sessions Case No. 27/2013, whereby, the learned trial Judge has convicted the appellant under sec. 376B of IPC and sentenced to undergo R/I for three years and to pay a fine of Rs. 5000/ -, in default, to undergo further S/I for two months, which is impugned in this appeal.

(3.) THE brief facts of the prosecution case is as under: