STATE OF GUJARAT Vs. DIPESH

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor for the appellant - State Mr. L.R. Pujari and learned Advocate for the opponent/respondent Mr. Pratik B. Barot.

(2.) BY way of this Appeal, the State has felt aggrieved by the judgment and order dated 21.11.2009 of the learned Additional Sessions Judge, Junagadh in Sessions Case No. 105/2008 whereby the respondent herein was convicted and sentenced as under: - -

(3.) LEARNED Additional Public Prosecutor Mr. L.R. Pujari has submitted that the State has desired to prefer this Appeal for enhancement of sentence passed by the learned Judge. It is submitted that the learned Judge has erred in not properly appreciating the gravity of the offence committed by the accused while imposing the sentence and thereby committed a grave error. It is also submitted that the learned Judge ought to have imposed maximum sentence to the present accused as provided under Section 376 of the Indian Penal Code, which reads as under: - -