RAMAASHRE RAMESHWAR KEVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short, SCr. P. C. ) is directed against judgment and order passed by the learned Joint District Judge on 28-10-2002 in Sessions Case No. 85 of 2001, by which the learned Additional District Judge convicted the appellant under Section 376 of the Indian Penal Code, 1860 (for short, SIPC ), and imposed RI of 10 years and fine of Rs. 5,000/-, in default further SI for 2 years. It has also been directed that the amount of fine realized from the appellant be paid to the prosecutrix.

(2.) The short facts giving rise to the present appeal are as under:

(3.) The charge against the appellant has been framed vide Exh. 6 on 14-03-2002 by the learned Additional Sessions Judge, Surat, and the appellant pleaded not guilty to the charge levelled against him. Therefore, the matter was set down for full-fledged trial before the Sessions Court.