STATE OF GUJARAT Vs. HARIJAN GOVINDBHAI

JUDGEMENT

(1.) HEARD learned counsel for the parties. These are the two appeals filed by the State in a case where the respondents were convicted for the offence punishable under Section 376 of the IPC. The accused has chosen not to challenge the conviction and conviction has become final and he is sentenced to undergo R.I. for 6 months.

(2.) LEARNED counsel for the respondents has candidly admitted that the sentence cannot be said to be proper sentence and submitted that after such a distance of time, when the appeal was filed in the year 1985 and we are in 2008, after about 23 years, sending the accused behind the bar would not serve the ends of justice and prayed that the Court may take lenient view and pass appropriate fine.

(3.) LEARNED APP Shri Hasurkar did not agree with the proposition advanced by learned counsel for the respondents and submitted that the only course available to the Court is to sentence the accused as per law.