JAYANT PATEL, PARESH UPADHYAY
Shaukat Hussein Hajibhai Shaikh – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Jayant Patel, J.
As the present appeals arise from the very judgment and order of the learned Sessions Judge, they are being considered together. The only distinction is that Criminal Appeal No.73 of 2006 is against the conviction, whereas Criminal Appeal No. 709 of 2006 is against the acquittal granted by the learned Sessions Judge.
2. Both the appeals arise from the judgment and order of the learned Sessions Judge in Sessions Case No.61 of 2003 dated 28.10.2005, whereby Accused-1 (Appellant in Criminal Appeal No.73 of 2006 - hereinafter referred to 'A-1') has been convicted for the offences under Section 364-A, Section 387, Section 365, Section 120(B) and Section 506(2) of IPC and sentence has been imposed upon A-1; (a) life-imprisonment with the fine of Rs. 10,000/- for the offence under Section 364-A; (b) R.I. for 5 (five) years with the fine of Rs. 2,000/- for the offence under Section 387 of IPC; and (c) R.I. for 4 (four) years with the fine of Rs.2,000/- for the offence under Section 365 of IPC and life-imprisonment with the fine of Rs. 2,000/- for the offence under Section 120(B) of IPC. No separate punishment has been imposed for the offence under Section 506(2) of
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