ILIYAS VARISBHAI SHAIKH 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 09.10.2002 rendered in Sessions Case No. 224 of 2001 by the learned Additional Sessions Judge, Ahmedabad by which the appellant - Iliyas Varisbhai Shaikh ("the accused" for short) has been convicted for commission of the offence punishable under Sections 363, 366 & 376 of the Indian Penal Code ("IPC" for short) and sentenced to suffer R1 for 10 years and fine of Rs. 5,000/- and in default thereof, R1 for 6 months for the offence punishable under Section 376 of IPC and R1 for 5 years and fine of Rs.2,000/- and in default thereof, R1 of 3 months for the offence punishable under Section 366 of the IPC & R.I. for one year and fine of Rs.1,000/- and in default thereof, to undergo R.I. of one month for an offence punishable under Section 363 of the IPC. All the three substantive sentences were ordered to run concurrently.

(2.) Criminal Misc. Application No. 1714 of 2004 is filed on 20.02.2004 under Section 391 of the Code for the examination of additional witnesses pending this Appeal. The Court issued rule in this application on 08.03.2004 and it was ordered to be heard with appeal.

(3.) Since the facts of the case have been detailed in the judgment of the learned Additional Sessions Judge, Ahmedabad 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:-