PATEL KALABHAI GOPALDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred under section 374 (2) of the Criminal Procedure Code against the judgment and order dated 01.05.07 passed by the learned Additional Sessions Judge, Gandhinagar in Sessions Case No. 23 of 2007 by which the learned trial Judge has convicted the present appellant under section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 years and fine of Rs.25,000/-, in default, further simple imprisonment of 6 months.

(2.) Short facts giving rise to the present appeal are stated hereinbelow:

(3.) The prosecution examined the following witnesses in order to prove the guilt of the accused: Sl.No. P.W. No. Name Exh.No. 1 P.W. No.1, Dr. Jitesh Deepakbhai Exh. 5 2 P.W. No.2 Jivuben Amarsinh Exh.12 3 P.W. No.3 Pravinsinh Hamirji Exh.13 4 P.W. No.4 Lalabhai Kanjibhai Exh.14 5 P.W. No.5 Purshottambhai Mohanbhai Exh.16 6 P.W. No.6 Yogeshkumar Kantilal Exh.24 7 P.W. NO.7 Kantibhai Ambalal Exh.26 8 P.W. No.8 Vinubhai Ranchhodbhai Exh.27