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2015 Supreme(Guj) 933

M.R.SHAH, Z.K.SAIYED
State of Gujarat – Appellant
Versus
Jaydip Damjibhai Chavda – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Mitesh Amin, Public Prosecutor and H.S. Soni, APP
For the Respondent: K.K. Brahmbhatt

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Additional City Sessions Judge, Court No. 13, Ahmedabad, passed in Sessions Case No. 122 of 2009 by which while convicting the original accused for the offence under Sections 376, 377 and 506(2) of the Indian Penal Code the learned trial Court has imposed the sentence of only three and half years for the offence under Section 376 of the Indian Penal Code with fine of Rs. 1,000/- and in default to undergo further 03 months R.I. and has imposed the sentence of 03 years R.I. with fine of Rs. 500/- and in default to undergo further 02 months R.I. for the offence under Section 377 of the Indian Penal Code and has sentenced to undergo 01 year R.I. with fine of Rs. 250/- and in default to undergo further 15 days R.I. for the offence under Section 506(2) of the Indian Penal Code, the State has preferred the present Appeal for enhancement of the punishment/sentence imposed by the learned trial Court, imposed while convicting the original accused for the offence under Sections 376, 377 and 506(2) of the Indian Penal Code.

2. At the outset, it is required to be noted that at

















































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