STATE OF GUJARAT Vs. PRAVINBHAI AMRUTBHAI

JUDGEMENT

(1.) The applicant - State of Gujarat is in revision under the provisions of Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for short "the Code") challenges the order passed below Exh.6 in Criminal Appeal No.81 of 2012 on 11/01/2013 by the learned 8th Additional Sessions Judge, Rajkot and the order passed below Exh. 6 in Criminal Case No.5089 of 2012 by the learned 18th Additional Chief Judicial Magistrate, Rajkot dated 2505/2012 insofar as it relates to extending benefit of set off under the scheme of Sec. 428 of the Code.

(2.) The short facts of the case are that respondent-accused was convicted by the judgment and order dtd. 30/11/2005 passed in Sessions Case No.18 of 2006 by the learned Additional Sessions Judge, Fast Track Court No.1, Bhavnagar and sentenced to undergo seven years RI for the offence punishable under Ss. 363, 366 and 376 of the IPC.

(3.) Heard learned APP Ms.Asmita Patel for the applicant - State. Though served, none appears for the respondent - accused.