SUNILKUMAR KALKAPRASAD JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under sec. 377 of Crpc is directed against the judgment and order of conviction and sentence dated 24. 8. 2007 passed by the learned Addl. Sessions Judge, Fast Track Court No. 3, Ahmedabad, in Sessions Case No. 296/2005, whereby, the accused has been convicted under sec. 363 of IPC and sentenced to undergo R/i for 5 years and to pay a fine of Rs. 2000/-, in default, to undergo S/i for one year. The appellant is convicted under sec. 366 of IPC and sentenced to undergo R/i for 5 years and to pay a fine of Rs. 2000/-, in default, to undergo S/i for one year. The appellant is also convicted under sec. 376 of ICP and sentenced to undergo R/i for 7 years and to pay a fine of Rs. 5000/-, in default, to undergo further S/i for one year.

(2.) THE brief facts of the prosecution case are as under:

(3.) TO prove the case against the present appellant- accused, the prosecution has examined the following witnesses: gumanbhai Somalal Vasava Ex. 5 rameshbhai Purshottambhai Vasava Ex. 7 poonamben Gumansing Rathod Ex. 10 vijaybhai ramanlal Kadia Ex. 11 dr. Bhavnaben C. Patel Ex. 15 manjulaben @ Manju Gumansing Vasava Ex. 18 motibhai Mulabhai Parmar Ex. 21 v. S> Gohel Ex. 27 vishrambhai Dahyabhai Parmar Ex. 34