RAMESHBHAI KODARBHAI GAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure has been preferred by the present appellant-accused being aggrieved and dissatisfied by the judgment and order of conviction dated 29.03.2007 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Sabarkantha @ Himmatnagar, camp at Idar whereby he was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.2,000/-, in default, to undergo three months R.I. for the charge under Section 376 of the Indian Penal Code and also sentenced to undergo one year rigorous imprisonment and fine of Rs.500/-, in default, to undergo two months R.I. for the charge under Section 323 of the Indian Penal Code. It is also ordered to pay Rs.15,000/- to the victim as special compensation.

(2.) As there was a delay in filing the present Criminal Appeal, the appellant-accused has also preferred Criminal Misc. Application No.6335/2007 and prayed for condonation of delay, which was allowed by this Court vide order dated 21.06.2007 and, thereafter, this appeal has been placed before this Court. Initially, we heard learned counsel for the appellant-accused and felt that for the purpose of admission, record and proceedings are required to be called for and, hence, we have passed order to that effect on 04.07.2007 calling for the R & P from the trial Court.

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