SANJAY @ RAJU HARISINGH GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. Harnish V. Darji for the appellant and learned APP Ms. Reeta Chandarana for the respondent State.

(2.) THE appellant is convicted by impugned judgment and order dated 18.12.2007 by the learned Sessions Judge, Fast Track Court No.2, Ahmedabad City in Sessions Case No. 162 of 2007 under Sections 363, 366, 376, 506(I) and 114 of the Indian Penal Code. The Sessions Court has awarded 3 years rigorous imprisonment with fine of Rs.1000/ -, in default simple imprisonment of 3 months for the offence under Sections 363 of the Indian Penal Code, 5 years rigorous imprisonment with fine of Rs.2000/ -, in default simple imprisonment of 4 months for the offence under 366 of the Indian Penal Code. The Sessions Court has further awarded 10 years rigorous imprisonment with fine of Rs.3000/ -, in default simple imprisonment of 6 months for the offence under Section 376 of the Indian Penal Code and also convicted for 6 months simple imprisonment with fine of Rs.200/ -, in default simple imprisonment of 1 month separately for the each offence under Sections 506(I) and 114 of the Indian Penal Code. However, the Sessions Court has ordered to undergo such imprisonment concurrently and thereby appellant has to undergo in all 10 years of imprisonment and in default of payment of fine he has to undergo 1 year and two months imprisonment. The jail record dated 26.02.2015 shows that appellant has undergone almost 10 years of imprisonment and, therefore, practically now he has to undergo the additional period of imprisonment because of non payment of total amount of fine of Rs.6000/ -.

(3.) THE appellant accused has been charged by the trial Court at exhibit 4 conveying that on 09.11.2006 at about 7:30 p.m. he has abducted the victim in his auto rickshaw and instead of taking her to the place where she has to go i.e. at Gulabnagar, he has taken her to Odhav Fire Station and committed offence of rape in Balaji Guest House against her will and consent with threat to kill her and by force.