LAWS(GJH)-2016-1-161

STATE OF GUJARAT Vs. AMRUTBHAI JUGABHAI RAVAL

Decided On January 21, 2016
STATE OF GUJARAT Appellant
V/S
Amrutbhai Jugabhai Raval Respondents

JUDGEMENT

(1.) As both these Appeals arise out of the impugned judgment and order passed by the learned Principal Sessions Judge, Mehsana in Sessions Case No. 32 of 2007, one by the State for enhancement of the sentence imposed by the learned trial Court, imposed while convicting the original accused for the offences punishable under Ss. 363, 366 and 376 of the Indian Penal Code and another by the original accused challenging the impugned judgment and order of conviction passed by the learned trial Court convicting the original accused for the offences punishable under Ss. 363, 366 and 376 of the Indian Penal Code, both these appeals are heard, decided and disposed of by this common judgment and order.

(2.) At the outset, it is required to be noted that while convicting the original accused for the offence under Ss. 363, 366 and 376 of the Indian Penal Code, the learned trial Court has imposed the sentence of 06 years R.I. with fine of Rs. 2,000/ -, in default to undergo further 06 months S.I. for the offence under Sec. 376 of the Indian Penal Code and has sentenced to undergo 01 year R.I. with fine of Rs. 1,000/ - and in default to undergo 03 months S.I. for the offence under Sec. 366 of the Indian Penal Code and also sentenced to undergo 01 year R.I. with fine of Rs. 1,000/ -, and in default to undergo further 03 months S.I. for the offence under Sec. 363 of the Indian Penal Code.

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