STATE OF GUJARAT Vs. AMITKUMAR NATUBHAI PATEL

JUDGEMENT

(1.) As both these appeals arise out of the impugned judgment and order passed by the learned Sessions Judge, Panchmahal at Godhra (hereinafter referred to as the learned trial Court) passed in Sessions Case No. 96 of 2006, one preferred by the original accused challenging his conviction by the learned trial Court for the offence under Sections 376, 363 and 366 of the Indian Penal Code and another filed by the State to enhance the punishment and sentence imposed by the learned trial Court, imposed while convicting the original accused for the offences 376, 363 and 366 of the Indian Penal Code, both these appeals are decided and disposed of by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order of conviction dated 14.12.2006 passed by the learned trial Court convicting the original accused for the offence under Sections 363, 366 and 376 of the Indian Penal Code, the original accused has preferred present Criminal Appeal No. 291 of 2007. 2.1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned trial Court in so far as imposing sentence of 5 years RI with fine of Rs.1000/ and in default to undergo 30 days SI for the offence under Section 376 of the Indian Penal Code, 3 years RI with fine of Rs.500/ and in default to undergo 15 days SI for the offence under Section 366 and 2 years RI with fine of Rs.500 and in default to undergo 15 days SI for the offence under Section 363 of the Indian Penal Code, State has preferred Criminal Appeal No. 300 of 2007 to enhance the punishment imposed by the learned trial Court.

(3.) Prosecution case in nutshell are as under: