BHAVANBHAI @ MASA MELABHAI OLAKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is at the instance of a convict - original accused of the offence of rape and is directed against the judgement and order of conviction and sentence passed by the Special Judge (POCSO) & Additional Sessions Judge, Rajkot, in the Sessions Case No.258 of 2014 dated 28.04.2017.

(2.) By the aforesaid judgment, the Sessions Judge convicted the appellant - original accused for the offences punishable under Sections 376 of the Indian Penal Code and under Section 6 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The Sessions Judge sentenced the appellant to undergo rigorous imprisonment for a period of 13 years for the offence punishable under Section 6 of the POCSO Act and no separate punishment for the offence punishable under Section 376 of the Indian Penal Code has been awarded by the Sessions Judge. The Sessions Judge directed the appellant to pay fine of Rs.10,000/-; and in default of payment of the amount of fine, to undergo further rigorous imprisonment for a period of six months. The Sessions Judge ordered that on deposit of the amount of fine, the same shall be paid to the mother of the victim.