JIVABHAI VITHALBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be convicted for the offence punishable under Section 376 of the Indian Penal code by the learned Additional sessions Judge, Fast Track Court, Rajkot by judgment and order dated 29th January, 2003 in Sessions Case No. 115/1999. The appellant is sentenced to undergo R. I. for a period of ten years and to pay a fine of rs. 10,000/-, in default, to undergo R. I. for one year.

(2.) THE prosecution case, in brief, can be stated thus :

(3.) CHARGE was framed against the accused-appellant at Exh. 5. The accused pleaded not guilty to the charge and claimed to be tried. 3. 1 The Sessions Court, after considering the evidence led by the prosecution, explained the circumstances/evidence against the accused and recorded his statement, below Exh. 5-Charge, under Section 313 of the code of Criminal Procedure, wherein the accused stated that he has been falsely implicated and the allegation is by way of a counter-blast.