JUDGMENT (ORAL)

The appeals emanate from a common judgment and order, thus both the appeals were heard together.

1.1. Criminal Appeal No.446 of 2006 is filed by the appellant-original accused No.1-Rohan Kiritbhai Desai, while Criminal Appeal No.500 of 2006 is by the appellant-original accused No.2-Amit Devendrakumar Parmar. The above Appeals challenge the judgment and order of conviction and sentence dated 23.02.2006 passed by the Fast Track Court No.1, Gandhinagar in Special Atrocity Case No.18 of 2005 for the offences punishable under Sections 363, 366, of Indian Penal Code (IPC) and under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1949 (hereinafter referred to in short as ‘the Atrocity Act’).

1.2. For the offence punishable under Section 363 of IPC, both the accused were sentenced to undergo rigorous imprisonment of two years and pay a fine of Rs.5,000/- and in default of payment of fine, were ordered to undergo further imprisonment of one month.

1.3. For the offence punishable under Section 366 of IPC, both the accused were sentenced to undergo rigorous imprisonment of two years and pay a fine of Rs.5,000/- and in default of paym