(1.) 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 24.2.2010 passed by the learned Sessions Judge, Amreli in Sessions Case No. 39/2009, whereby, the learned trial Judge has convicted the appellant under sec. 363 of IPC and sentenced to undergo R/I for seven years and to pay a fine of Rs. 1000/ -, in default, to undergo further R/I for three months.
(2.) THE brief facts of the prosecution case is as under:
(3.) THE accused was charged vide Ex. 2. The appellant accused pleaded not guilty and claimed to be tried.