( 1 ) CRIMINAL Appeal No. 1814 of 2006 is though not separately notified on Board, at the request of the learned advocate, the same is taken up for hearing and final disposal with the consent of learned APP, Mr. H. L. Jani. The papers are available with Criminal Misc. Application No. 11445 of 2006.

( 2 ) THE appellant-Thakor Viraji Jesangji, original accused no. 1, aged 65 years is before this Court being aggrieved by judgement and order passed by the learned Additional Session Judge, Patan in Sessions Case No. 55 of 2004 dated 13th September 2006.

( 3 ) THE learned Additional Sessions Judge was pleased to convict the present appellant-accused no. 1 for an offence under section 332 of IPC.

( 4 ) THE learned Additional Sessions Judge, Patan was pleased to award six months simple imprisonment and fine of Rs. 3000/-; in default one month s simple imprisonment for the offence. Whereas, he along with other accused was acquitted of the rest of the charges giving them benefit of doubt.

( 5 ) LEARNED advocate Mr. Thakore submitted that though a request was made for grant of benefit of provisions of Probation of Offenders Act and the benefits flowing from section 360 of the Code of Criminal

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