SUSHANT KRUSHNAPRASAD DEY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order 23.06.2011 passed by learned Additional Sessions Judge, City Sessions Court, Ahmedabad, in Sessions Case No.257 of 2010. By the impugned judgment, accused nos.1 and 2 were acquitted from the charge of offences punishable under Sections 363, 366 and 376 of the Indian Penal Code (for short, "IPC"), while accused no.4 was convicted for the offence punishable under Section 376 of IPC and ordered to undergo seven years' rigorous imprisonment with a fine of Rs.10,000/- and, in default of payment of fine, further rigorous imprisonment of six months was awarded. Though accused no.4 was also found guilty for the offences punishable under Sections 363 and 366 of IPC, no separate sentence was awarded. Being aggrieved by the impugned judgment, accused no.4 has preferred Criminal Appeal No.930 of 2011 against his conviction, while Criminal Appeal No.1252 of 2011 is preferred by the State against acquittal of accused nos.1 and 2.

(2.) The facts in brief giving rise to the filing of Criminal Appeal No.1252 of 2011 are as under:-

(3.) At the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Judge passed the impugned Judgment. Being aggrieved by and dissatisfied with the said judgment and order acquitting respondent nos.1 and 2, the appellant-State has preferred present appeal before this Court.