JAGADISH MULAJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of conviction dated 09.05.2005 passed by the Additional Sessions Judge, Fast Track Court No. 4, Ahmedabad City in Sessions Case No. 199 of 2003, whereby the accused has been convicted of the charges leveled against him Under Section 392 & 397 of the Indian Penal Code. The accused is ordered to undergo rigorous imprisonment for three years for offence Under Section 392 of Indian Penal Code and fine of Rs. 2000/ - in default simple imprisonment for three months and ten years Under Section 397 of Indian Penal Code with fine of Rs. 3000/ - in default simple imprisonment for six months. He has, however, been acquitted of the charge Under Section 135 of the B.P Act.

(2.) IT is the case of the prosecution that on 16.12.2002, the complainant travelled in Saurashtra Express train in General Coach and at about 06.00 am the train stationed at Ahmedabad railway station. At that time, three people entered the general coach and sat beside the complainant. One was wearing a shawl and the other one was short whereas the third person was lean.

(3.) MS . Rekha Kapadia, learned advocate appearing on behalf of the appellant has fairly conceded on the part of conviction of the appellant. She has concentrated on the sentence awarded to the appellant.