STATE OF KARNATAKA Vs. KRISHNA ALIAS RAJU

JUDGEMENT

(1.) THE light hearted and casual manner of disposal of the case against the respondent in C.C. No. 442 of 1980 on the file of his court by the Additional Munsif-cum-Additional Judicial Magistrate (First Class) Madhugiri and the refusal of the High Court of Karnataka to enhance the sentence of the respondent in exercise of its powers under S. 377, Criminal P.C. in Criminal Appeal No. 451/81 preferred by the State has compelled the State of Karnataka to approach this Court under Art. 136 of the Constitution to file this Appeal by Special Leave.

(2.) THE respondent has not entered appearance in spite of the Notices issued to him.

(3.) PERTURBED and shocked by the callous manner in which the Magistrate had dealt with the case, the State preferred an appeal tinder S. 377, Cr. P.C. to the High Court of Karnataka for enhancement of sentence. The High Court, we regret to note, has declined to interfere with the sentence on grounds which has no basis or relevance. The High Court was alive to the trivial nature of the sentences awarded by the Magistrate and has observed : "The sentence imposed appears to be a lenient one." Nevertheless, the High Court has declined to exercise its powers under S. 377, Cr. P.C. and the strange reasons given by it are as follows :-