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2009 Supreme(Guj) 9

A.L.DAVE, J.C.UPADHYAYA
PREMJIBHAI BACHUBHAI KHASIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
MR HARSHIT S TOLIA with MR UTTPAL R DAVE and MR PARTH S TOLIA, learned advocates for the Appellant
MR UR BHATT, learned Addl. Public Prosecutor for Opponent

JUDGMENT

(HONOURABLE MR.JUSTICE A.L.DAVE)

1. The appellant came to be tried by Sessions Court, Bhavnagar for offences punishable under Sections 363, 366 read with Section 114, Section 376 read with Section 114 and Section 506(2) read with Section 114 of the Indian Penal Code ('IPC', for short) along with co-accused Arvindbhai Anandbhai Khasiya in Sessions Case No.123 of 2007. At the end of the trial, co-accused Arvindbhai Anandbhai Khasiya came to be acquitted by the sessions Court, and the present appellant came to be convicted for offences punishable under Sections 363, 366, 376 and 506(2), all read with Section 114 of the IPC and sentenced as under:-

Sections Punishment

U/s.363 r/w.Sec.114 of the IPC R.I for two years and fine of Rs.1000/-, in default R.I for one month.

U/s.366 r/w.Sec.114 of the IPC R.I for three years and fine of Rs.3000/-, in default R.I for three months.

U/s.376 r/w.Sec.114 of the IPC R.I for ten years and fine of Rs.5000/-, in default R.I for six months.

U/s.506(2) r/w.Sec.114 of the IPC R.I for one year and fine of Rs.1000/-, in default R.I for one month.

The judgment was rendered on 15.11.2007 and all the sentences were ordered to run concurrently.

2. The facts








































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