JUDGMENT :

(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

1. The present Appeal is at the instance of a convict accused of the offence under Sections 376, 323, 506(2) of the Indian Penal Code and is directed against the order of conviction and sentence dated 7th May 2009 passed by the Additional Sessions Judge, 3rd Fast Track Court, Godhra, in Sessions Case No.91 of 2008.

2. By the aforesaid order the learned Additional Sessions Judge held the accused-appellant guilty of the offence under Section 376 of the Indian Penal Code and consequently, sentenced him to undergo life imprisonment and a fine of Rs.5,000/-, with a further stipulation that in default of payment of fine the accused shall undergo further rigorous imprisonment for one year.

3. The learned Additional Sessions Judge also found the accused-appellant guilty of the offence under Section 323 of the Indian Penal Code and consequently sentenced him to undergo rigorous imprisonment for one year and a fine of Rs.5,000/-, with a further stipulation that in default of payment of fine the accused shall undergo further imprisonmen