STATE OF CHHATTISGARH Vs. HEMCHAND RAJWADE

JUDGEMENT

(1.) I.A. No. 1 of 2015 has been filed to condone delay of 20 days in filing the appeal for enhancement of sentence under Section 377 of the Code of Criminal Procedure, 1973. Having heard the parties and the duration of delay, it is condoned.

(2.) The Respondent was charged under Section 450 and 376 IPC for having committed offence on the prosecutrix (PW-1) inside the latter's house. The conviction, after consideration of the evidence is under Sections 450 and 376/511 IPC sentencing him to one year rigorous imprisonment with fine of Rs. 100/- under the former provision and to five years rigorous imprisonment with fine of Rs. 100/- under the latter provision, failing which he was required to undergo 7 days imprisonment under each count.

(3.) Learned Counsel for the State submits that the Learned Trial Judge has held that the evidence led by the prosecution sufficiently made out a charge under Sections 450 and 376/511 IPC. The maximum punishment under Section 376 IPC was life imprisonment. Therefore, under Section 376 read with Section 511 IPC, the conviction ought to have been for at least 7 years as the maximum punishment that could be awarded under Section 376 IPC was life imprisonment. No other ground has been urged.