STATE OF GUJARAT Vs. KARSHANBHAI BHIKHUBHAI KAMALIYA KOLI

JUDGEMENT

(1.) The present appeal has been preferred by the State invoking the provisions of Sec. 377 of the Code of Criminal Procedure, 1973, seeking enhancement of the sentence imposed by the learned Sessions Judge, Veraval in Special POCSO Case No. 28 of 2019, arising out of C.R. No. I-44 of 2015 registered with Talala Police Station for the offence punishable under Ss. 376 and 305 of the IPC and Sec. 3(a), 4, 5(j)(2) and 6 of the POCSO Act and sentencing the respondent for the offence under Sec. 376 of the IPC and Ss. 3(a), 4, 5(j)(2) and 6 of the POCSO Act to undergo 10 years rigorous imprisonment and a fine of Rs.10,000.00, and in default of payment of fine, to further undergo three months simple imprisonment; and for the offence under Sec. 305 of the IPC, to undergo 10 years rigorous imprisonment and a fine of Rs.10,000.00, and in default of payment of fine, to further undergo three months simple imprisonment.

(2.) The State has consciously confined the scope of the present appeal only to the issue of enhancement of sentence and has, therefore, refrained from making any submissions on the merits of the conviction recorded by the learned sessions Court. In view of the limited scope of the present appeal, a detailed narration of the entire factual matrix is not warranted. However, for the purpose of appreciating the gravity of the offence and to effectively address the issue involved in the present appeal, the facts in brief, as emerging from the record, are required to be narrated.

(3.) As per the prosecution case, the respondent -accused was alleged to have developed an illicit physical relationship with the victim, who was found to be less than 16 years of age at the relevant point of time. It is alleged that as a consequence of the said relationship, the victim became pregnant. Subsequently, upon learning that the accused was already married, the victim took the extreme step of committing suicide.