STATE OF UTTARANCHAL Vs. CHANDI

JUDGEMENT

(1.) This Government Appeal, preferred U/S 377 Cr.P.C., is directed against the judgment and order dated 20-5-2003, passed by Additional Sessions Judge/F.T.C., Pauri Garhwal, Pithoragarh in Sessions Trial No. 10/2002, State versus Chandi and others, U/S 376 (2)(g) I.P.C. praying enhancement of sentence passed against accused/respondent Chandi.

(2.) At the outset it is to be mentioned here that the offence against the accused was of gang rape, but the trial court has wrongly noted the section 376(1)(g) instead of Section 376 (2)(g) I.P.C.

(3.) By a perusal of impugned order dated 20-5-2003, it appears that the learned Addl. Sessions Judge, on the basis of confession made by accused/respondent Chandi, has awarded a sentence of 1 1/2 years for gang rape U/S 376 (2)(g) I.P.C. and a fine of Rs. 3,000/- and in default of payment of fine to further undergo R.I. for three months.