STATE OF GUJARAT Vs. SURESHBHAI BALABHAI PARMAR

JUDGEMENT

(1.) Under Sec. 377 of Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'Cr.P.C.'), the appellantState by way of this Appeal has made an prayer for enhancement of the sentence passed on 30/9/2005 in Criminal Case No.4014 of 2004 by the learned 3rd Additional Senior Civil Judge and Judicial Magistrate First Class, Bhavnagar. The sole respondent as an accused in the trial was convicted for the offences punishable under Sec. 506(2) of the Indian Penal Code for six months while he was acquitted for the offences punishable under Sec. 507 of the IPC.

(2.) At the outset, learned Advocate for the appellant Mr. Darshan A. Dave referring to the provision of Sec. 377 of Cr.P.C. took objection and submitted that since the sentence is passed by the leaned Magistrate, the Appeal would lie before the Court of Sessions and thus, stated that on this very ground the Appeal should be outrightly dismissed. Learned advocate has further submitted that considering the facts of the case, enhancement of sentence to set an example of deterrence is not in consonance with the principles of the judicial system. It is also submitted that the reference been made by the complainant of the cases are the one which had been filed by him and his father and for rest of the matters no order of conviction is placed on record. It is further submitted that the respondent has already undergone six months imprisonment. Referring to the Certificate issued by the Bhavnagar District Jail, Bhavnagar it is submitted that the respondent was appreciated by the issuance of Certificate on 26/1/2025 of being a member of the Winning Team of Volley Ball which was organized by the jail authority on 26/1/2025.

(3.) Learned advocate Mr. Darshan A. Dave has submitted that the respondent is at present serving as Security Guard in a School. The matter was instituted in the year 2006 and the hearing is after a long time, i.e. now in the year 2025, the elapsed period is also required to be taken into account while considering the Appeal under Sec. 377 of Cr.P.C.