Z.K.SAIYED, A.M.KAPADIA
Rambahadur Rikhiram Kshatriya – Appellant
Versus
State of Gujarat – Respondent
Z.K. Saiyed, J.—Appellant - ori. Accused was charged and tried by the learned Addl. Sessions Judge, Bharuch for the commission of offences punishable under Sections 302, 377 read with Section 201 of the Indian Penal Code( for short “IPC”).
2. As per the prosecution case the appellant has committed carnal intercourse with male child against the order of nature and then due to the fear of penalty of said unnatural act, child Jabir Khan strangulated with bush-shirt and thereby the appellant - accused has committed murder of male child.
3. At the end of the trial, the appellant was found guilty of the offence of murder and carnal intercourse against the order of nature punishable under Sections 302, 377 and 201 of IPC. The appellant was, therefore, convicted vide impugned judgment and order dated 30.06.2001 and sentenced to imprisonment of life and a fine of Rs. 5000/- and in default, three years R/I and for the offence punishable under Section 377 of IPC, he was sentenced to imprisonment of life and a fine of Rs. 5000/-, in default, further R/I for three years and under Section 201 of IPC, he was sentenced to suffer 7 years imprisonment and a fine of Rs. 3000/-, in default, R/I
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