SANTOSH BHARATSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is preferred under the provisions of Section 374 of the Code of Criminal Procedure, whereby the appellant-original accused No.1 has challenged the legality and validity of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Court No.14, Ahmedabad, in Sessions Case No.95 of 2005 on 25th July, 2005. The appellant-original accused No.1 has been convicted and sentenced alongwith original accused No.2 as under:

(2.) The present appeal is received through the jail authorities and Mr.N.M.Prajapati, learned Advocate is appointed by this High Court to place the case of the present appellant, who has challenged the legality and validity of the judgment and order of conviction and sentence by raising certain grounds. Mr.Prajapati, has submitted that the order of conviction and sentence has not been challenged by the original accused No.2 and at present he is undergoing imprisonment.

(3.) Mr.Prajapati, learned Advocate and Mr.Bhate, learned A.P.P., has taken this Court through the case of prosecution and evidence led during the course of trial. However, after some deliberation, Mr.Prajapati has fairly accepted that the appeal against the order of conviction recorded by the learned trial Judge is not sustainable considering the nature of evidence led by prosecution and the fact that victim was a tender aged girl about seven to nine years, who was mentally challenged also and therefore, Mr.Prajapati does not press this appeal so far as conviction recorded by the learned trial Judge is concerned. However, Mr.Prajapati has submitted that this Court may reduce the substantive punishment.