(1.) THIS appeal is directed against the judgment and order dated 15. 01. 2004 passed by the learned Addl. Sessions Judge, 4th Fast Track Court, Vadodara in Sessions Case No. 236/2002, whereby, the appellant, original accused has been convicted for the offence punishable u/s. 376 IPC and sentenced to undergo RI for ten years with fine of Rs. 10,000/- and in default of payment of fine, SI for a further period of sixty days. The accused was given the benefit of set-off.
(2.) THE facts in brief of the prosecution case are as under;
(3.) MS. Nita C. Banker, learned Advocate appearing on behalf of the appellant-original accused, has submitted that he would not be able to assail the impugned judgment and order, convicting the appellant for the offence punishable u/s. 376 IPC, on merits, in view of the evidence on record. He has, however, requested that the sentence imposed on the appellant may be reduced as the same is on the higher side.