GOHIL KANJI SANGRAMJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this Appeal the appellant original accused has filed this Appeal challenging the Judgment and order dated 12,4,1988 passed by learned Assistant Sessions Judge, Jamnagar, in Sessions Case No. 104 of 1985, whereby the learned Assistant Sessions Judge held the appellant accused guilty for the offence under Section 376 of I. P. Code and sentenced him to undergo RI for eight years and to pay fine of Rs. 1000/- i/d to undergo RI for two months and also held guilty for the offence punishable under Section 451 of I. P. Code and sentenced him to undergo RI for six months and to pay fine of Rs. 500/- i/d to undergo RI for one month. The learned Judge ordered both the sentences to run concurrently.

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

(3.) THEREAFTER, the charge-sheet was filed against the accused in the Court of learned Chief Judicial Magistrate. As the offence was exclusively triable by the Court of Sessions, the learned Chief Judicial Magistrate committed the case to the Court of Sessions.