STATE OF GUJARAT Vs. TULSIDAS RAMJIBHAI PATEL

JUDGEMENT

(1.) THE appellant-State has preferred the present appeal under Section 377 of the Code of Criminal Procedure, 1973 for enhancement of sentence awarded to the respondents-original accused vide judgment and order dated 10th February 2010 passed by the learned Chief Judicial Magistrate, Sabarkantha at Himmatnagar, in Criminal Case No.2489 of 2003.

(2.) HEARD Mr.H.L. Jani, learned Additional Public Prosecutor for the appellant-State and Mr.Subhash Barot, learned counsel for the respondents.

(3.) I have perused the papers produced before me as well as arguments advanced by the learned counsel for the parties. I have also gone through the judgment and order passed by the learned Magistrate and reasons assigned by the learned Magistrate. It is true that because of the pursis at Exhibit 52 filed by the respondents-accused, the learned Magistrate has imposed less than the minimum sentence. Looking to the question involved in the present case, the learned Magistrate has to follow the provisions of law. Hence, I am of the opinion that present appeal is remanded to the trial Court for fresh adjudication; however, it is clarified that without considering the pursis at Exhibit 52 filed by the respondents-accused, present appeal shall have to be decided.