RAMBAHADUR RIKHIRAM KSHATRIYA Vs. STATE OF GUJARAT
LAWS(GJH)-2008-8-261
HIGH COURT OF GUJARAT
Decided on August 26,2008

Rambahadur Rikhiram Kshatriya Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) APPELLANT - ori. Accused was charged and tried by the learned Addl. Sessions Judge, Bharuch for the commission of offences punishable under Sections 302, 377 read with sec. 201 of the Indian Penal Code ( for short "IPC").
(2.) AS per the prosecution case the appellant has committed carnal intercourse with male child against the order of nature and then due to the fear of penalty of said unnatural act, child Jabir Khan strangulated with bush -shirt and thereby the appellant - accused has committed murder of male child.
(3.) AT the end of the trial, the appellant was found guilty of the offence of murder and carnal intercourse against the order of nature punishable under sec. 302, 377 and 201 of IPC. The appellant was, therefore, convicted vide impugned judgment and order dated 30.6.2001 and sentenced to imprisonment of life and a fine of Rs. 5000/ - and in default, three years R/I and for the offence punishable under sec. 377 of IPC, he was sentenced to imprisonment of life and a fine of Rs. 5000/ -, in default, further R/I for three years and under sec. 201 of IPC,he was sentenced to suffer 7 years imprisonment and a fine of Rs. 3000/ -, in default, R/I for one year vide impugned judgment and order dated 30.6.2001 rendered in Sessions Case No. 127/2000 by the learned Addl. Sessions Judge, Bharuch. The appellant -accused being aggrieved by the said judgment and order of conviction and sentence passed by the learned trial Judge, has preferred this appeal under sec. 374 of Code of Criminal Procedure.;


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