GUJARAT HIGH COURT
K.S. JHAVERI, K.J. THAKER, JJ
BABU RATNAJI BAVAL MEGHVAR – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. evidence from prosecution examined. (Para 2 , 3) |
| 2. defense argues based on delay and evidence. (Para 4 , 5) |
| 3. court highlights inconsistencies in evidence. (Para 6 , 7 , 8 , 9) |
| 4. court grants benefit of doubt on convictions. (Para 10) |
| 5. appeal allowed; judgment quashed. (Para 11 , 12) |
JUDGEMENT
(PER : HONOURABLE MR.JUSTICE K.J.THAKER)
1. Both these appeals arise out of the impugned judgment and order and hence, they are disposed of by this common judgment.
2. Criminal Appeal No.679/2011 has been filed by appellants, original accused no.1 & 2, against the judgment and order of conviction dated 07.05.2011 passed by the learned Addl. Sessions Judge, Porbandar in Sessions Case No.68 of 2009 whereby, original accused no.1 has been convicted for the offences punishable u/s.363, 366, 376 and 506(2) of Indian Penal Code (for short, “the IPC”) whereas, original accused no.2 has been convicted for the offences punishable u/s.376 and 506(1) IPC.
For conviction u/s.363 & 366 IPC, accused no.1 has been sentenced to undergo RI for five years and fine of Rs.5000/- for each offence and in default, RI for a further period of three months. For conviction u/s.376 IPC, accused no.1 ha
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