JUDGMENT :

J.B.PARDIWALA, J.

1. This appeal is at the instance of a convict-accused of the offence of rape punishable under Section 376 of the IPC and is directed against the judgment and order passed by the Addl. Sessions Judge, Fast Track Court No.1, Ahmedabad City dated 27th October, 2010 in the Sessions Case No.42 of 2010, by which, the Trial Court held the appellant guilty of the offence punishable under Section 376 of the IPC and sentenced him to undergo life imprisonment with fine of Rs.5,000/-, and in default of the payment of the amount of fine, to undergo further 50 days of simple imprisonment.

2. The facts of this case are quite disturbing. The case of the prosecution is that the appellant committed the offence, as alleged, upon his own daughter, who at the relevant point of time, was around 16 years of age. It all started with an FIR lodged by the victim, Exh.13 dated 30th April, 2009 before the Amraiwadi Police Station, Ahmedabad City. The first information report reads thus;

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