SUO MOTU Vs. SARMAN GIGABHAI BAMBHANIA

JUDGEMENT

(1.) Being aggrieved by the judgement and order dated 17th October, 2003 passed by the Additional Sessions Judge, Fourth Fast Track Court, Veraval in Sessions Case No. 83/2002, the appellant-accused has filed Criminal Appeal No. 1506/03. By virtue of the impugned judgement and order, the appellant has been convicted of the offence under Section 376 read with Section 511 of Indian Penal Code and has been sentenced to Rigorous Imprisonment for 5 years and a fine of Rs. 1000, in default, Rigorous Imprisonment for three months. The appellant has also been held guilty under the provisions of Section 342 of Indian Penal Code and he has been sentenced to Rigorous Imprisonment for 6 months. The substantive sentences have been ordered to run concurrently.

(2.) While hearing the appeal at an earlier stage, this Court had issued notice to the appellant calling upon him to show cause as to why he should not be held guilty for the offence punishable under Section 376 of the Indian Penal Code and/or for enhancement of the punishment imposed by the learned Additional Sessions Judge. The said proceedings have been registered as Miscellaneous Criminal Application No. 891/2004. Both, the appeal filed by the appellant and the Miscellaneous Criminal Application for enhancement of punishment have been heard and decided together.

(3.) In view of the observation made by the Hon'ble Supreme Court in the case of State of Karnataka v. Puttaraja 2003 0 AIR(SCW) 6429, name of the victim has not been stated and she has been referred to as a 'victim.'