STATE OF GUJARAT Vs. AMUBHAI MALJIBHAI BHABOR

JUDGEMENT

(1.) THE present appeal, under section 377 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 11.05.2011 passed by the Principal Sessions Judge, Dahod in Sessions Case No. 52 of 2011 whereby the accused has been convicted for the offence punishable under section 363, 366 & 376 r/w section 114 of the Indian Penal Code. The accused is ordered to undergo rigorous imprisonment for one year and to pay fine of Rs. 200/ -, in default, rigorous imprisonment for one month under section 363 of Indian Penal Code. The accused is ordered to undergo rigorous imprisonment for five years and to pay fine of Rs. 3000/ -, in default, rigorous imprisonment for five months under section 366 of Indian Penal Code whereas rigorous imprisonment for three years and fine of Rs. 100/ -, in default, rigorous imprisonment for one month under section 376 of Indian Penal Code has been imposed upon the accused. All the sentences were ordered to run concurrently. The appellant state has prayed for enhancement of the sentence imposed.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by Mr. H.S. Soni, learned APP that looking to the evidence on record, this is a case where the trial court has not given any special reasons for imposing minimum sentence upon the accused. He has submitted that the Sessions Court has passed the sentence which does not commensurate with the gravity of the offence. Mr. Soni has submitted that therefore the Sessions Court has manifestly erred in awarding grossly disproportionate sentence looking to the nature of the offences in which the accused persons are involved.