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2021 Supreme(Guj) 1180

A.J.DESAI, SAMIR J.DAVE
HANIF @ HANIYO HUSEN CHANGAL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BHAYKUMAR P SHAH, MR ASHISH M DAGLI, MR PRATIK B BAROT
For the Respondent: MR J.K. SHAH

JUDGMENT :

A. J. DESAI, J.

1. By way of the present appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the appellants - original convicts, namely, Hanif @ Haniyo Husen Changal, Shahejad Daud Sumra and Firoz Harun Fakir have challenged their conviction imposed vide judgment and order dated 30.9.2013 passed by learned Additional Sessions Judge, Bhuj - Kachchh in Sessions Case No.43 of 2013. By the said judgment and order, each of the convicts have been sentenced as under :-

Sections under which convicts have been sentenced

Period of sentence

Sentence awarded to convicts

Section 376 (2) (G) of the Indian Penal Code

Rigorous imprisonment for a period of 10 years and fine of Rs.25,000/- and in default of payment of fine, further simple imprisonment for a period of two years.

Appellant Nos.1,2 and 3

Section 377 of the Indian Penal Code

Rigorous imprisonment for a period of 07 years and fine of Rs.25,000/- and in default of payment of fine, further simple imprisonment for a period of two y

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