ISLAMUDDIN NASARUDDIN SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed in Sessions Case No. 183/02 dated 2nd June, 2003 by the Addl. Sessions Judge, Court No. 9, Ahmedabad City, this appeal has been filed by the appellant-convict. By virtue of the impugned judgment, the appellant-convict has been held guilty of the offences punishable under sections 376 and 506(2) of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for 10 years for the offence punishable under sec. 376 of the IPC and a fine of Rs. 20,000/- and in default simple imprisonment for 1 year. For commission of offence under sec. 506(2) of the IPC, the convict has been sentenced to undergo Rigorous Imprisonment for 1 year and a fine of Rs. 2,000/- and in default simple imprisonment for 3 months. Both the sentences have been ordered to run concurrently.

(2.) The facts giving rise to the aforesaid Sessions Case, in a nutshell, are as under:

(3.) Learned advocate Ms. Rekha Kapadia appearing for the appellant-convict has vehemently argued that the Sessions Court has committed an error in appreciation of the evidence and has convicted the appellant though he is absolutely innocent. It has been submitted by her that looking to the facts of the case and upon proper appreciation of the evidence, the Sessions Court ought to have acquitted the accused.