STATE OF GUJARAT Vs. DINSHBHAI AMRABHAI VAGHARI

JUDGEMENT

(1.) THIS appeal has been filed by the appellant -State of Gujarat, for enhancing the sentence awarded by the learned Assistant Sessions Judge, Panchmahals, at Godhra, vide judgment and order dated 311.5.1988 in Sessions Case No.5 of 1988 convicting the respondent herein (original accused) for the offences punishable under Section 376 of Indian Penal Code and sentencing him to undergo Rigorous Imprisonment of one year and to pay a fine of Rs.500/ -, in default, to undergo further Rigorous Imprisonment of one month. The said judgment and order has not been challenged by the respondent -accused by filing appeal and hence, the finding arrived at by the trial Court has remained as it is.

(2.) I have heard learned APP Mr.A.J.Desai for the appellant State. Though the notice was served on the respondent -accused, he neither chose to remain present before this Court nor chose to engage an advocate.

(3.) IT has been contended on behalf of the appellant -State that at the time of the incident, the victim was only nine years old and the prosecution has proved the charges levelled against the respondent -accused beyond reasonable doubt and in such kind of serious offence which has been committed on a minor girl, no lenient view should have been taken by awarding sentence of only one year Rigorous Imprisonment and instead, the maximum sentence ought to have been imposed. Therefore, the learned trial Judge has committed an error. Section 376 of Indian Penal Code reads as under: