STATE OF GUJARAT Vs. THAKORE GANDAJI HATHAJI

JUDGEMENT

(1.) Both the above Appeals are directed against the judgment and order of conviction and sentence dated 10.01.1997 passed by the learned Additional Sessions Judge, Mehsana, Camp : Patan in Sessions Case No. 100/1996 whereby the respondent was convicted for the offence punishable under Sec. 363 of the Indian Penal Code and was sentenced to undergo simple imprisonment for one year and fine of Rs. 100/ - and in default of payment of fine, simple imprisonment for 15 days. The respondent was also convicted for the offence punishable under Sec. 324 of the Indian Penal Code and was sentenced to undergo simple imprisonment for one year and fine of Rs. 50/ - and in default of payment of fine, simple imprisonment for 7 days. However, the accused was acquitted from the offence punishable under Ss. 376 and 511 of the Indian Penal Code, by giving him the benefit of doubt.

(2.) Criminal Appeal No. 155/1997 is preferred by the State for enhancement of sentence qua the accused whereas Criminal Appeal No. 156/1997 is preferred by the State against acquittal of the accused from the offences punishable under Ss. 376 and 511 of the Indian Penal Code.

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