MUKESHBHAI JIVANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this appeal under Section 374 of the Code of Criminal Procedure, 1973 ["CrPC" for brevity], the appellant has challenged the judgment and order dated 31.07.2014 passed by learned Additional Sessions Judge, Bhavnagar in Sessions Case No. 150 of 2012, whereby, the appellant-original accused has been ordered to undergo rigorous imprisonment of ten years and to pay fine of Rs. 10,000/-; and in default thereof, to undergo three months simple imprisonment for an offence punishable under Section 376 of the Indian Penal Code and ordered to undergo seven years rigorous imprisonment and to pay fine of Rs. 5,000/-; and in default thereof, to undergo three months simple imprisonment for an offence punishable under Section 306 of the Indian Penal Code. All the sentences are ordered to run concurrently.

(2.) The facts, as emerging from the record, are stated thus:

(3.) Upon production of the accused and ascertaining from him as to whether he had received copy of the case papers, he replied in the affirmative and thereafter, the charge was framed against the accused person, which was read over and explained to him, wherein, he did not plead guilty and claimed to be tried. Accordingly, the prosecution laid evidence.