SANJAYBHAI VITTHALBHAI NAYAK 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 judgment and order dated 30.06.2009 passed by learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.1, Vadodara in Sessions Case No. 130 of 2008, whereby, the appellant-original accused has been ordered to undergo simple imprisonment of five years and to pay fine of Rs. 500/-; and in default thereof, to undergo three months simple imprisonment for an offence punishable under Section 363 of the Indian Penal Code.

(2.) 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, charge came to be 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. In the trial held, 12 witnesses were examined by the prosecution, enlisted hereunder:

(3.) Heard learned advocate Mr. P. H. Buch for the appellantoriginal accused and learned APP Mr. L. B. Dabhi for the respondent-State.