AJITKUMAR KUMARSINH BHAGORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As both the captioned appeals arise from a selfsame judgment passed by the Special Judge (POCSO) & 2nd Addl. Sessions Judge, Panchmahals, Godhra in the Special (POCSO) Case No.14 of 2016, those were heard analogously and are being disposed of by this common judgment and order.

(2.) The captioned criminal appeals are at the instance of two convicts of the offence of rape and are directed against the judgment and order of conviction and sentence passed by the 2nd Special Judge (POCSO) & Addl. Sessions Judge, Panchmahals at Godhra dated 20th April, 2017 in the Special (POCSO) Case No.14 of 2016, by which, both the appellants came to be convicted by the Special Court for the offences punishable under sections 376(d), 506(2) read with 114 of the Indian Penal Code and section 4 of the Protection of Children from Sexual Offences Act, 2012 ( for short "the POCSO"). Both the appellants have been sentenced to undergo 20 years of rigorous imprisonment for the offence punishable under section 376(d) read with section 114 of the Indian Penal Code with fine of Rs.10,000/-and in default of the payment of fine, to undergo further six months of simple imprisonment. The appellants came to be sentenced to undergo two years of rigorous imprisonment for the offence punishable under sections 506(2) read with section 114 of the IPC with fine of Rs.500/-and in default of the payment of fine, to undergo further simple imprisonment for a period of one month. The appellants have been sentenced to undergo seven years of rigorous imprisonment with fine of Rs.5000/-for the offence punishable under section 4 of the POCSO Act and in default of the payment of the amount of fine, to undergo further simple imprisonment for a period of three months. The appellants, however, came to be acquitted by the Trial Court of the offence punishable under section 6 of the POCSO. The Trial Court directed that the sentences shall run concurrently.

(3.) We take notice of the fact that, in all, three accused including the two appellants herein were put on trial for the offences enumerated above. The original accused No.3, namely, Sanjaybhai Anopbhai Damor came to be acquitted by the Trial Court of all the charges.