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GUJARAT HIGH COURT
ABDUL KADAR ABDUL KALAM SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
['PRATIK B BAROT', '', 'HCLS COMMITTEE', 'PUBLIC PROSECUTOR']

ORAL JUDGMENT

1. By way of present Appeal, the appellant challenges the judgment and order dated 17.2.2012 passed by the learned Additional Principal Judge, Court No.2, Ahmedabad, in Sessions Case No.139 of 2011, whereby the learned Sessions Judge has convicted the appellant – accused for the offences punishable under Sections 354, 376 read with Section 511 of the Indian Penal Code and ordered to undergo sentence for a period of ten years rigorous imprisonment for the offence punishable under Section 376 read with Section 511 of the Indian Penal Code and to pay fine amount of Rs.11000/-, in default of payment of fine, further to undergo simple imprisonment for six months. The appellant was further ordered to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.2000/-, in default of payment of fine, further to undergo simple imprisonment for 3 months, for the offence punishable under Section 354 of the Indian Penal Code. The appellant was acquitted for offence punishable under Sections 363, 366 and 376 of the Indian Penal Code. All the sentences shall run concurrently and the accused has been given set off the period of undergone.

2. Briefly stated, on 9.10.2

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