HIMMATBHAI BHODHIYABHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court had passed the following order on 11.3.2019:-

(2.) Today, complainant -Zinakiben as well as victim -Sonal both are present before this Court and admit that respondents are their family members and at the relevant point of time on spur of moment, a complaint came to be lodged and after it was compromised between the parties whereas, learned advocate Mr. M.H.Shekhawat appearing for the appellants states that the appellants -accused remained in jail till the charge-sheet was filed. Thereafter, after conviction, the appellants are in jail, so they have undergone the sentence of nearly for about three months.

(3.) The appellants-original accused have preferred the present appeal under Section 374 of Code of Criminal Procedure challenging the judgment and order of conviction dated 16.2.2019 passed by learned Additional Sessions Judge, Chhota-Udaipur in POCSO Case No. 14 of 2016. By the impugned judgment, the accused were sentenced to undergo rigorous imprisonment for a period of three years and ordered to pay fine of Rs.1,000/- in default of payment of fine, simple imprisonment for a period of 6 months for the offence punishable under Section 354(B) and Section 114 of IPC was imposed and for the offence punishable under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, wherein, the accused were sentenced to undergo rigorous imprisonment for a period of seven years and ordered to pay fine of Rs.2,000/- in default of payment of fine, simple imprisonment for a period of 6 months was imposed.