LALJIBHAI KADABHAI ALGOTAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellant - original accused under section 374(2) of the Code of Criminal Procedure, 1973 challenging the legality and validity of the judgement and order of conviction and sentence passed by the learned 2nd Additional Sessions Judge, Surendranagar in Special (POCSO) Case No. 2 of 2014 dated 1/1/2015, by which the Sessions Judge convicted the appellant herein - original accused for the offences punishable under section 377 of Indian Penal Code as well as under section 4 of the Protection of Children from Sexual Offences Act. However, the Sessions Judge, considering the evidence on record, did not award any separate punishment for the offence under section 377 of IPC but the learned Judge was of the opinion that if the accused is sentenced to undergo imprisonment for eleven years for the offence punishable under section 4 of POCTO Act, the ends of justice would be met. Accordingly, the learned Sessions Judge sentenced the appellant herein - original accused to undergo Rigorous Imprisonment for a period of eleven years with fine of Rs. 30,000/-, and in default of deposit of fine, the learned Judge ordered to undergo further Rigorous Imprisonment for a period of one year, for the offence under section 4 of POCSO Act. The learned Judge further ordered that out of the amount of fine of Rs. 30,000/-, Rs. 15,000/- be paid to the mother of the minor victim. The learned Sessions Judge has also been pleased to grant benefit of set off under section 428 of the Code of Criminal Procedure.

(2.) The case of the prosecution, in nutshell is as under:-

(3.) Mr. Jay Thakkar, learned advocate appearing on behalf of the appellant herein - original accused has made the following submissions:-