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CR.MA/14397/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14397 of 2011
In
CRIMINAL
APPEAL No. 1304 of 2011
=========================================================
RAMSINH
@ MAYLO DHAN BAHADUR THAPA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
M/S
S G ASSOCIATES for
Applicant(s) : 1,
Mr.L.R.Pujari, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 12/10/2011
ORAL
ORDER
Rule.
Learned APP Mr.Pujari waives service of notice of rule for
respondent.
The
applicant is convicted by the learned 2nd Additional
Sessions Judge, Vadodara in Sessions Case No.48 of 2011 for the
offences punishable under Sections 376 read with Section 114 and
Section 506(2) of Indian Penal Code and ordered to undergo sentence
for three years rigorous imprisonment for the offence under Section
376 and pay fine of Rs.1,000/-, in default to undergo further simple
imprisonment for four months and also ordered to undergo sentence for
two years rigorous imprisonment for the offence under Section 506(2)
and pay fine of Rs.500/-, in default to undergo further simple
imprisonment for two months. Both the sentences were ordered to run
concurrently.
The
applicant is held guilty for abetting the principal accused in the
committing the offence of rape. Considering the role attributed to
the present applicant and considering the sentence awarded by the
trial Court and considering the fact that the present applicant was
on bail throughout the trial, this application is allowed. Same
bail, fresh bonds.
Rule
is made absolute. Direct service is permitted.
(
M.D.Shah, J )
srilatha
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