STATE OF GUJARAT Vs. JITUBHAI PRATAPBHAI GADHVI

JUDGEMENT

(1.) The present appeal is filed by the appellant-State under section 377 of the Code of Criminal Procedure, 1973 challenging the impugned judgment and order rendered in Criminal Appeal No.28/2011 by the Additional Sessions Judge, Gandhinagar dated 26.08.2011 partly allowing the order of the trial court qua sentence while maintaining the order of conviction passed by the Chief Judicial Magistrate in Criminal Case No.11638/2009.

(2.) Heard learned APP Ms.Hansa Punani for the appellant-State and learned advocate, Shri Jigar Gadhvi for the respondent-accused.

(3.) As it transpires from the grounds mentioned in the appeal, it has been contended that the learned Judge has not given special reason for inflicting the sentence, which is less than what is provided in the Act. It is also contended referring to the provision of Section 468 of the Indian Penal Code that maximum punishment ought to have been imposed and, therefore, the present appeal has been filed for enhancement of the sentence.