STATE OF GUJARAT Vs. HUSENSHA NATHUSHA FAKIR

JUDGEMENT

(1.) SINCE , both the matters arise from the same judgment and order of the lower appellate Court, they are heard together and disposed off by this common judgment.

(2.) THE appellant -State has preferred Criminal Appeal No. 409 of 1994 for enhancement of sentence, challenging the judgment and order of the Sessions Judge, Sabarkantha District at Himmatnagar (for short, 'lower appellate Court'), Dated : 14.12.1993, whereby, the trial Court convicted the original accused for the offence punishable under Sections 363, 366 and 376 of the IPC and sentenced him to undergo rigorous imprisonment for three years, while maintaining the amount of fine and default sentence under each section, i.e. to pay fine of Rs.500/ - each under Sections 363, 366 and 376 of the IPC and in default to undergo further rigorous imprisonment for three months under each section.

(3.) WHEREAS , the original accused preferred the Criminal Revision Application No. 525 of 1993, challenging the aforesaid judgment and order of conviction of the lower appellate Court.