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2016 Supreme(Guj) 736

K.S.JHAVERI, BIREN VAISHNAV
Merubhai Lakhmanbhai Mokariya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :K.I. Kazi, Advocate
For the Respondents: C.M. Shah, A.P.P.

JUDGMENT :

K.S. Jhaveri, J.

1. This appeal is filed against the impugned judgment and order dated 09.06.2011 passed by learned 3rd Additional Sessions Judge, Jamnagar. By the said judgment, the accused was held guilty for offences punishable under Sections 363 and 366 of the Indian Penal Code (for short, "IPC") and ordered to undergo imprisonment for seven years and to pay fine of Rs. 1,000/- and, in default of payment of fine, the accused was ordered to undergo simple imprisonment for one year. For offence punishable under Section 376 of IPC, the accused was ordered to undergo rigorous imprisonment for ten years with fine of Rs. 10,000/- and, in default of payment of fine, further simple imprisonment of one year was imposed. The accused was also convicted for the offence punishable under Section3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "Atrocity Act") and ordered to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and, in default of payment of fine, the accused was ordered to undergo further simpl































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