HUSEINMIYA RAIYAZUBHAI SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant-original accused no. 2 has preferred this Revision Application with a prayer to quash and set aside (i) the judgment and order dated 22nd July, 1997 passed by the learned Metropolitan Magistrate, Court no. 11, Ahmedabad in Criminal Case no. 1030 of 1993 convicting and sentencing him to suffer simple imprisonment for one year and to pay a fine of Rs. 3000/- in default of payment of fine, to suffer further simple imprisonment for 60 days whereas acquitting other accused nos. 1 and 3, and (ii) the judgment and order dated 18th December, 1998 passed by the learned Addl. Sessions Judge, Court no. 18, Ahmedabad in appeal whereby while rejecting the appeal , the order of conviction passed by the trial Court in Criminal Case no. 1030 of 1993 was upheld by modifying the same from Section 212 to 216 of the Indian Penal Code.

(2.) BRIEFLY stated the facts of the prosecution case as emerging from the record of the case is as follows:

(3.) HEARD Mrs. Shilpa R. Shah, learned Counsel for the applicant and Mr. K. V. Pandya, learned APP for the respondent-State.