RAJESH MULJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 29th October, 1999 passed in Sessions Case No. 23/98 by the Addl. Sessions Judge, Rajkot, this appeal has been filed by the appellant-convict. By virtue of the impugned judgment, the appellant-accused has been held guilty of committing offences punishable under sections 376(2)(f), 363, 366 and 323 of the Indian Penal Code and has been sentenced to 10 years Rigorous Imprisonment and a fine of Rs. 10,000/-, in default to undergo 1 year's simple imprisonment for the offence under sec. 376, 1 year's rigorous imprisonment and a fine of Rs. 1,000/-, in default, simple imprisonment for 3 months each for the offences under sec. 363 and 366 of IPC. No separate sentence has been imposed upon him for committing offence under sec. 323 of the IPC. All substantive sentences have been ordered to run concurrently. Out of the amount of fine, Rs. 10,000/- have been ordered to be given to the mother of the victim, Shantaben Bachhubhai, by way of compensation under sec. 357 of the Criminal Procedure Code.

(2.) In view of the judgment delivered by the Hon'ble Supreme Court in the case of State of Karnataka v. Puttaraja, 2003 AIR(SCW) 6429, name of the victim has not been stated in this judgment, but she has been referred to as à ¢ ¬Sthe victim.à ¢ ¬Ãƒ 1/2

(3.) Learned advocate Shri B.S. Supehia has appeared for the appellant-convict whereas learned APP Shri K.T. Dave has appeared for the prosecution.