ABU ISMAIL BALOCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this Appeal filed under Section 374 of the Code of Criminal Procedure ("the Code" for short) is to the correctness of the judgment and order dated 4.12.2002 rendered in Sessions Case No.10 of 1993 by the learned Additional Sessions Judge, 6rd Fast Track Court Judge, Junagadh, by which the appellant Abu Ismail Baloch ("the accused" for short) has been convicted for commission of the offence punishable under Section 376, 506 (2) and 342 of the Indian Penal Code ("IPC" for short) and sentenced to suffer RI for 10 years and fine of Rs.2,000/ - and in default thereof, to undergo SI for 1 year for the offence punishable under Section 376 of IPC and SI of 6 months and fine of Rs.500/ - and in default thereof SI for 7 days for the offence punishable under Section 506 (2) of the IPC and fine of Rs.75/ - and in default thereof to undergo the sentence of SI of 2 days for the offence punishable under Section -342 of the IPC. Both the substantive sentences were ordered to run concurrently.

(2.) SINCE the facts of the case have been detailed in the judgment of the learned Additional Sessions Judge, Junagadh, it is not necessary for us to repeat the same all over again in verbatim and in detail in this judgment. However, the basic facts which are necessary to be discussed in this appeal are as under: -

(3.) AN FIR with respect to the alleged incident was filed by the mother of the prosecutrix, namely, Ameenaben against the accused at Junagadh Police Station, where it was registered vide CR No.I -55 of 1992 for commission of the offence punishable under Sections -376, 504, 506(2) and 342 of the IPC.