MANUBHAI GANGARAMBHAI GAJJAR 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 30.1.2010 passed by the learned Addl. Sessions Judge, Fast Track Court, Surat in Sessions Case No. 37 of 2009, whereby, the learned Judge has convicted the appellant under sec. 376 of IPC and sentenced to undergo R/I for ten years and to pay a fine of Rs. 5000/ -, in default, to undergo further S/I for one month, which is impugned in this appeal.

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

(3.) THE accused was charged vide Ex. 4. The appellant accused pleaded not guilty and claimed to be tried. In order to bring home the charge levelled against the appellant - accused, the prosecution has examined the following witnesses: