HIMMATBHAI SHANTIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order of conviction dated 12.10.2015 in Sessions Case No. 103 of 2010 passed by the learned 3rd Additional Sessions Judge, Deesa at Banaskantha, by which, the learned trial Court has convicted the appellant herein - original accused for the offence punishable under Ss. 363, 366 and 376 of the Indian Penal Code and sentence him to undergo 7 years Rigorous Imprisonment with fine of Rs. 10,000/ - and in default to undergo further four months for the offence punishable under Sec. 363 of the Indian Penal Code and has imposed sentence of 10 years Rigorous Imprisonment with fine of Rs. 10,000/ - and in default to undergo further four months, by which, the learned trial Court has imposed the sentence of life imprisonment (till his last breath) and fine of Rs. 1 lacs and in default to undergo one year for the offences punishable under Sec. 376 of the Indian Penal Code, the appellant herein - original accused has preferred present Criminal Appeal.

(2.) The case of the prosecution in nutshell is as under:

(3.) Shri Ankit Bachani, learned advocate for the accused has vehemently submitted that in the facts and circumstances of the case the learned trial Court has materially erred in convicting the originally accused for the offences under Ss. 363, 366 and 376 of the Indian Penal Code.