Gujarat Court May 2011 Judgments
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Haribhai Devaji Rupsing Malvi Vs. State of Gujarat
Court: Gujarat
Decided on: May-01-2011
1. These appeals arise out of common Session Case No. 67 of 2003 which came to be disposed of by learned Additional Sessions Judge, Bharuch by judgment and order dated 14.5.2004. By the said judgment, learned Judge was pleased to convict the present appellants who are original accused Nos.2, 3 and 5 in the said sessions case for offences punishable under Section 342, 365, 395 and 392 of IPC. They were sentenced to R.I. for one year for offence under Section 342, R.I. for 5 years for offence under Section 365 and R.I. for 7 years for offence under Section 392, no order under Section 395 was passed. All sentences, however, were made concurrent. They were also directed to pay fine.1.1 It may be noted that original accused No. 1, Pokhraj Gotaram and original accused No. 4, Sajjansing Vijaysing were also similarly convicted and sentenced by the learned Judge. They had filed Criminal Appeal No. 759 of 2005 which came to be dismissed by this Court by judgment dated 10.8.2007.1.2 Original accu...
Akbarbhai Rasulbhai Arodia Muman Vs. the State of Gujarat and anr.
Court: Gujarat
Decided on: May-01-2011
1. During the course of hearing of the appeal, certain disturbing aspects came to light of the Court. These were recorded in an order dated 30th April 2008 in following terms:1. Appellant is the original accused who was convicted for offences punishable under Sections 363, 366, 376 and 506(2) of IPC by learned Sessions Judge, Patan by a judgment dated 29th March, 2007 passed in Sessions Case No. 50 of 2006.2. The appellant-convict filed Misc. Criminal Application No. 1539 of 2008 seeking temporary bail on the ground that the appellant-convict and the victim girl were in love with each other since childhood. They were neighbors and that now, the victim girl is ready to marry the applicant. It was also stated in the application that the father of the victim girl is also ready for such marriage. On the ground that the applicant who wanted to marry the victim girl, temporary bail was sought. Along with application at Annexure-A the affidavit purported to have been filed by Shri Abdulsha Mo...
Anil Chitarmal Samariya Vs. State of Gujarat
Court: Gujarat
Decided on: May-01-2011
1. Appellant is original accused. By the impugned judgment and order dated 17.04.2004 passed by the learned Additional Sessions Judge, Ahmedabad Rural in Sessions Case No. 68 of 2003, the appellant was convicted for offence punishable under Section 363, 366 and 376 of the Indian Penal Code (IPC). For offence under Section 363 and 366, the appellant was sentenced to R.I. for five years each and for offence under Section 376, he was sentenced to seven years of R.I. Fine has also been imposed against him. Substantive sentences were made concurrent.2. As per charge Ex.7, it was alleged against the appellant that on 26th December 2002, he had taken the victim girl 'B' aged about 16 years from the lawful guardianship of her parents without their consent. He had thus kidnapped the girl with an intention of having sexual intercourse outside marriage. Between 26th December 2002 and 4th January 2003, he had stayed with the victim girl in a guest house at Hyderabad and had sexual intercourse with...
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