SHANABHAI CHANDUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.G.Ramakrishnan, learned counsel appearing for the appellant-orig.accused and Mr.K.P.Raval, learned Additional Public Prosecutor, on behalf of the respondent- State.

(2.) The appellant-orig.accused has challenged the legality and validity of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Bharuch, in Sessions Case No.101 of 1998, whereby the learned trial Judge has held the appellant herein guilty for the offence punishable under Section 376 of the Indian Penal Code. Recording conviction, the learned trial Judge has ordered that the appellant shall undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs.500/- and in the event of default in paying the amount of fine, shall undergo rigorous imprisonment for further three months.

(3.) Mr.G.Ramakrishnan, learned counsel appearing for the appellant, has taken us through the nature of evidence led by prosecution and the reasons assigned by the learned trial Judge for recording conviction and passing order of sentence. The said order is assailed mainly on following three grounds :