AJAY NAINSINGH DANTANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A seven years old female child was kidnapped from the legal guardian and thereafter was subjected to sexual abuse as well as rape by the appellant, Ajay Nainsingh Dataniya ('the accused' for short). The accused was, therefore, charged and tried by the learned Additional Sessions Judge, Court No.9, City Sessions Court, Ahmedabad in Sessions Case No. 39 of 2003 for commission of the offences under Sections 363, 366 and 376 of the Indian Penal Code ('IPC' for short).

(2.) AT the end of the trial, the accused was found guilty of the offences under Sections 363 and 376 IPC and resultantly he was convicted vide judgment and order dated 6.6.2003 and sentenced to suffer RI for two years and fine of Rs.3,000/ - i.d., S.I. for further period of six months for commission of offence under section 363 IPC and RI for ten years and fine of Rs.5,000/ - i.d., SI for further period of six months for commission of the offence under section 376 IPC. It is also ordered that both the sentences shall run consecutively, that is, one after the other.

(3.) AGGRIEVED by the aforesaid judgment and order of conviction and sentence, the accused has filed this appeal under Section 374 of the Code of Criminal Procedure ('the Code' for short).