STATE OF GUJARAT Vs. GHANSHYAMBHAI AND ORS.

JUDGEMENT

(1.) THIS appeal under Section 377 of the Code of Criminal Procedure, 1973 is preferred for enhancement of sentence imposed by judgment and order dated 29.3.2010 passed by Additional Sessions Judge, Court No. 14, Ahmedabad, in Sessions Case No. 75 of 2007, whereby the respondents -original accused were convicted for the offence punishable under 489 (B) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and ordered to pay fine of Rs. 100/ -, in default of making payment of fine, the accused persons shall undergo further simple imprisonment for ten days. For the offence punishable under Section 489 (C) of IPC, the accused were convicted and sentenced to suffer rigorous imprisonment for six months and ordered to pay fine of Rs. 100/ -, in default of making payment of fine, the accused shall undergo further simple imprisonment of ten days.

(2.) THE facts in brief giving rise to the filing of present appeal are as under:

(3.) ON the other hand, learned counsel for the respondents -accused has contended that learned trial Judge has after appreciating the evidence on record convicted the accused and imposed punishment, therefore, it may not be enhanced. It is submitted that the accused are already awarded punishment and looking to the age and other family circumstances of the accused, this enhancement appeal may not be allowed. It is also submitted that the trial Court has rightly appreciated the evidence on record and the sentence imposed upon the accused persons cannot be said to be less. Therefore, it is prayed that this appeal may be dismissed.