STATE OF GUJARAT Vs. VASANTBHAI TALSHIBHAI VAGHARI

JUDGEMENT

(1.) THE present appeal is preferred by the State for enhancement of sentence against the judgement and order dated 21. 08. 1995 passed by the Sessions Judge, Bhavnagar in Sessions Case No. 73 of 1995, whereby the accused has been convicted of the charges leveled against him under sections 363, 366 and 376 of Indian Penal Code. 1. 1 The original accused was ordered to undergo rigorous imprisonment for four years and fine of Rs. 2000/- in default to undergo simple imprisonment for six months for offence under section 376 of Indian Penal Code. The original accused was also ordered to undergo rigorous imprisonment for two years and fine of Rs. 1000/- in default to undergo simple imprisonment for six months for offence under section 366 of Indian Penal Code. Further he was also ordered to undergo rigorous imprisonment for six months and fine of Rs. 500/- in default to undergo simple imprisonment for 15 days. All the sentences were to run concurrently.

(2.) IT is the case of the prosecution that the accused was residing with his family in the farm adjoining the farm of the complainant. On 23. 05. 1994, the prosecutrix had gone to the market for purchasing and she did not return that day. The complainant and her husband looked for her but could not find her. The accused was also not available at his house and was not found. So the complainant inferred that he had abducted her daughter.

(3.) MR. R. C. Kodekar, learned APP has submitted that the age of the girl on the incident was below 16 and therefore the trial court ought to have taken serious view of the matter and ought to have imposed maximum sentence upon the accused. He has submitted that considering the age of the victim and the heinous crime committed by the accused, the sentence of five years is absolutely inadequate and that the trial court ought to have awarded maximum sentence prescribed under the Act.