Judgment

A.K. SIKRI, J.

Though, this Court vide order dated 18.09.2012 appointed Mr. Parmanand Katara as Amicus Curiae, he has not appeared. This is an unfortunate situation and we do not appreciate the same. However, on our request, Mr. Mohan Pandey, learned counsel who was present in the Court pertaining to other case agreed to assist the Court. He was given time to go through and prepare the matter. Thereafter, the matter was heard when he was fully ready with the same.

2) This appeal arises out of the judgment dated 04.04.2011 passed by the High Court of Gujarat in Criminal Appeal No.2158/2005, whereby the High Court has partly allowed the said appeal. The appellant herein was put on trial and convicted for offences under Sections 363, 366 as well as 376 of the Indian Penal Code (for short the 'IPC') and was sentenced to undergo rigorous imprisonment for committing the aforesaid offences as under:

(a) For committing the offence punishable under Section 363 IPC, the trial court sentenced him to undergo imprisonment for a period of three years and also imposed a fine of Rs.2,00