(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)

1. The present appeal is directed against the judgment and order passed by the learned Additional Sessions Judge in Sessions Case No.726 of 2003, whereby the learned Additional Sessions Judge has convicted the appellant – Accused No.1 (hereinafter referred to as 'A-1') for the offence punishable under Sections 302, 354, and 506(2) of IPC and has imposed sentence of life-imprisonment with the fine of Rs.5,000/- for the offence under Section 302 of IPC, imprisonment for two years with the fine of Rs.1,000/- for the offence under Section 354 of IPC and imprisonment of two years with the fine of Rs.1,000/- for the offence under Section 506(2) of IPC and all the punishments are to be undergone concurrently.

2. As per the prosecution case, the complaint was registered with Morva Police Station on 7.1.2003, vide C.R. No.2/03 for the offence under Sections 354, 307, 506(2) and 114 of IPC by the victim, Naynaben. As per the complainant, on 6.1.2003, during recess time she and her brother Suresh both had gone to hill-forest for collecting bor, (one of the eatable nuts as being naturally grown in the hill-forest) and at that time, when the c