STATE OF GUJARAT Vs. RAMESHBHAI @ TEDIYO BABARBHAI PARMAR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned 2nd Additional Sessions Judge, Modasa (herein after referred to as 'learned Trial Court') passed in Sessions Case No.183 of 2007 insofar as imposing the sentence of 5 years R.I. with fine of Rs.1000/- and in default to undergo further 2 months R.I. while convicting the original accused for the offence under Section 376 read with Section 511 of the Indian Penal Code, the State has preferred the present Criminal Appeal under Section 377 of the Criminal Procedure Code for enhancement of the sentence.

(2.) At the outset, it is required to be noted that by impugned judgment and order the learned Trial Court has as such convicted the original accused for the offence under Section 376 read with Section 511 of the Indian Penal Code and has sentenced the original accused to undergo 5 years R.I. and fine of Rs.1000/- and in default to undergo further 2 months R.I.

(3.) Shri K.P. Raval, learned APP appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case the sentence imposed by the learned Trial Court, imposed while convicting the original accused for the offence under Section 376 read with Section 511 of the Indian Penal Code cannot be said to be just, adequate punishment commensurate with the gravity of the offence.