STATE OF GUJARAT Vs. BAKLABHAI JANIYABHAI RATHVA

JUDGEMENT

(1.) The State of Gujarat, by way of filing Criminal Appeal No. 2345 of 2005 and the accused by way of filing Criminal Appeal No. 1651 of 2005, before this Court have questioned the impugned judgment and order dated 30.06.2005 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Godhara in Sessions Case No. 429 of 2003 whereby the original accused has been sentenced to two years rigorous imprisonment and fine of Rs. 100/-, in default, simple imprisonment for seven days for the offence under section 363 of Indian Penal Code. The accused has also been sentenced to two years rigorous imprisonment and fine of Rs. 100/-, in default, simple imprisonment for seven days for the offence under section 366 of Indian Penal Code. The accused has also been sentenced to two years rigorous imprisonment and fine of Rs. 100/-, in default, simple imprisonment for seven days for the offence under section 376 of Indian Penal Code. The trial court granted benefit of set off and directed the sentences to run concurrently. Criminal Appeal No. 2345 of 2005 is filed for enhancement of the sentence awarded by the trial court whereas Criminal Appeal No. 1651 of 2005 is filed against the conviction.

(2.) The prosecution case is that the minor daughter of the complainant prosecutrix victim had been abducted and enticed away by the accused by giving false promises of marriage with clear intention to have illicit sexual intercourse with her and she was compelled by the accused to accompany him and to have sexual intercourse with him. It is the case of the prosecution that she was taken to various places by the accused and was sexually exploited by him and therefore a complaint was lodged before Rajgadh Police Station.

(3.) Ms. C.M. Shah, learned advocate appearing for the State has submitted that the trial court erred in not properly appreciating the gravity of the offence committed by the accused while imposing the sentence and thereby committed grave error. She has drawn the attention of this Court to the provisions of Sections 376, 363 as well as 366 of Indian Penal Code and submitted that this is a fit case wherein this Court may enhance the sentence imposed.