ORAL JUDGMENT

(PER : HONOURABLE MS JUSTICE SONIA GOKANI)

1. Both these appeals were on board yesterday i.e. on 27.11.2014 and were posted on 2.12.2014. However, with a joint request made by both the sides, both these appeals have been taken up today from a separate board, which has been created. Accordingly, these two appeals arising from the common judgment and order are taken up for final hearing. Both the appeals have been preferred by the State challenging the judgment and order passed in Sessions Case No.231 of 2003 where the respondent accused has been convicted and punished to undergo rigorous imprisonment for the period of three years and fine of Rs.1000/- and in default to undergo rigorous imprisonment for six months for the offence punishable under section 376 of the Indian Penal Code, whereas for the offence under sections 363 and 366 of the Indian Penal Code, the accused has been given benefit of doubt. Criminal Appeal No.2151 of 2004 is preferred for enhancement, whereas Criminal Appeal No.2153 of 2004 is against the acquittal under section

363 and 366 of the Indian Penal Code.

2. We have heard learned Additional Public Prosecutor Ms. Chetna Shah who has taken us through