RAMESHBHAI THAKERSIBHAI MAHERIYA Vs. STATE OF GUJARAT

JUDGEMENT

(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 28.12.2010 passed by the learned Addl. Sessions Judge, Fast Track Court No. 4, Rajkot in Sessions Case No. 70/2009, whereby, the learned Judge has convicted the appellant under sec. 363 of IPC and sentenced to undergo S/I for seven years and to pay a fine of Rs. 5000/-, in default, to undergo further S/I for six months. The appellant is also convicted under sec. 366 of IPC and sentenced to undergo S/I for a period of seven years and to pay a fine of Rs. 5000/-, in default, to undergo further S/I for six months. The appellant is also convicted under sec. 376 of IPC and sentenced to undergo S/I for a period of seven years and to pay a fine of Rs. 5000/-, in default, to undergo further S/I for six months, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) Thereafter, the accused came to be chargesheeted on before the Court of the learned Chief Judicial Magistrate First Class, Rajkot for the alleged offence punishable under section 363, 366 and 376 of IPC. The case was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions, which was numbered as Sessions Case No. 70/2009.