STATE OF GUJARAT Vs. VINU @ MINKO POPATBHAI VASANI

JUDGEMENT

(1.) STATE has preferred appeal for enhancement of sentence awarded to the respondent accused upon his conviction by the Sessions Court for offence punishable under Section 376 read with Section 511 of IPC.

(2.) THE prosecution case in brief was that respondent accused, at the relevant time, was aged about 40 years. On the date of the incident, i.e. 09.10.2004 at about 9:30 in the morning, the accused took a young girl aged about 4 years, the daughter of the complainant residing in the neighbourhood on the terrace of one hotel and attempted to commit rape on her. When Maheshbhai Kanjibhai, the first informant, father of the victim girl returned from work, this incident was reported to him by his mother. He, therefore, lodged a police complaint to this effect on 11.10.2004 (Exh.33). The Sessions Court, by the impugned judgment, convicted the accused for offence u/s. 376 read with Section 511 of IPC and held the charge of attempt to commit rape proved against the accused. He sentenced him to Rigorous Imprisonment for three years and imposed fine of rupees two hundred. It is this judgment the State has challenged in this appeal seeking enhancement of the sentence. The accused has not preferred an appeal and presumed to have served out the sentence.

(3.) LEARNED Public Prosecutor Shri Nitesh Amin submitted that girl was aged about 4 years at the time of the incident. In terms of Section 376(2) of the IPC, minimum sentence for offence of rape against a woman below 12 years, would be ten years of imprisonment unless for adequate and special reasons recorded in the judgment, the trial Court awards lessor punishment. Correspondingly for the offence of attempt to commit rape, minimum sentence, therefore, prescribed by law would be five years of imprisonment. In the present case, the learned Judge has given neither adequate nor special reasons. He highlighted that the accused was nearly 40 years, whereas the victim girl was a young child barely aged 4 years at the time of incident. He, therefore, requested for enhancement of the sentence.