STATE OF GUJARAT Vs. VIKASH MOTIBHAI GOSWAMI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the passed by the learned 2nd Additional Sessions Judge, Surat in Sessions Case No. 246 of 2010, by which, the learned trial Court has sentenced the respondent herein - original accused to undergo 5 years RI for the offence under Sec. 376(2)(f) r/w Sec. 511 of the Indian Penal Code with fine of Rs. 3000/ - and in default to undergo further three months RI and has sentenced to undergo 5 years RI with fine of Rs. 300 and in default to undergo further three months RI for the offence under Sec. 377 of the Indian Penal Code, the State has preferred the present Appeal under Sec. 377 of the Code of Criminal Procedure for enhancement of the sentence imposed by the learned trial Court.

(2.) At the outset, it is required to be noted that as such the impugned judgment and order of conviction passed by the learned trial Court convicting the original accused for the offence under Sec. 376(2)(f) r/w Sec. 511 of the Indian Penal Code and for the offence under Sec. 377 of the Indian Penal Code has attained the finality so far as original accused is concerned, as against the impugned judgment and order of conviction the accused has not preferred any appeal and thus the original accused has accepted the impugned judgment and order of conviction.

(3.) Shri K.P. Raval, learned Additional Public Prosecutor has vehemently submitted that in the facts and circumstances of the case punishment/sentenced imposed by the learned trial Court cannot be said to be adequate and/or commensurate with the gravity of the offence committed by the accused.