STATE OF GUJARAT Vs. PRAJAPATI RAMESHBHAI SAKARABHAI

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 377 of the Code of Criminal Procedure, 1973 for enhancement of sentence in the judgement and order of sentence passed by the learned Judicial Magistrate, First Class, Dehgam (hereinafter referred to as "the learned Trial Court" for short) in Criminal Case No. 739 of 1997 on 19/4/2004, whereby, the learned Trial Court has convicted the respondent and sentence him to rising of the Court and fine of Rs.650.00 and 30 days simple imprisonment, if the fine is not paid for the offence punishable under Sec. 66(1) (b) of the Bombay Prohibition Act and to rising of the Court and fine of Rs.150.00 and in default, 7 days simple imprisonment if the fine is not paid for the offence under Sec. 85(1)(3). The respondent is hereinafter referred to as 'the accused' as he stood in the original case, for the sake of convenience, clarity and brevity.

(2.) The brief facts that emerge from the record of the case are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Trial Court, the appellant - State has preferred the present appeal for enhancement of sentence mainly on the ground that the sentence is illegal, arbitrary and erroneous and the learned Trial Court has failed to appreciate the fact that the accused has committed a grievous offence. That the learned Trial Court has not appreciated the relevant criteria that must be considered while sentencing and the aggravating and mitigating circumstances have not been properly balanced by the learned Trial Court. That the learned Trial Court has also ignored the fact that the sentence should reflect the conscience of the sentence and must be imposed in proportion to the gravity of the offence but the learned Trial Court has taken a lenient view which has resulted in miscarriage of justice. That the judgement and order passed by the learned Trial Court is contrary to law and hence, the sentence must be enhanced accordingly.