CHANDUBHAI RUPABHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present appeal, the appellant has challenged the judgement and order of conviction dated 4.4.2007 passed by learned Presiding Officer, Fast Track Court, Bhavnagar, in Sessions Case No. 20 of 2007 whereby he was convicted under Sections 363, 366 and 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life with fine of Rs. 500/ - for the offence under Section 376 of the IPC, rigorous imprisonment for three years with fine of Rs. 250/ - for the offence under Section 363 of the IPC and rigorous imprisonment for four years with fine of Rs. 250/ - for the offence under Section 366 of IPC. In default of payment of fine, the appellant has been ordered to suffer simple imprisonment for one month and fifteen days respectively.

(2.) BRIEF facts of the prosecution case are that the complainant Gulabbhai Mohanbhai Nayak is a farm labourer and resides in Ratadiya village near Ranipura, Ta. Devghadh Bariya, Dist. Dahod and at present resides in Bhutiya village.

(3.) LEARNED counsel for the appellant has contended that in view of the evidence on record and the time factor which has gone after the incident which is occurred on 18.6.2006 and the accused has already undergone more than 7 years and keeping in view the age of the accused, he confined his arguments only to the sentence part. He contended that looking to the age of the accused and the evidence on record, the sentence of life imprisonment of the accused is on higher side and keeping in mind the provisions of law, age of the accused who was 20 years at the time of offence, the sentence imposed is not only harsh but will be detrimental to the interest of the accused. He, therefore, contended that in view of the evidence and the circumstances which were prevailing between the parties and keeping in mind the age of the accused, this Court may reconsider the sentence imposed on the convict.