STATE OF GUJARAT Vs. RAVAL PRAHALDBHAI SHAKARABHAI

JUDGEMENT

(1.) THIS appeal, under Section 377 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction dated 18. 01. 1995 passed by the learned 2nd Assistant Sessions Judge, Mehsana, in Sessions Case No. 128 of 1994, whereby, the accused has been convicted for the offence under Sections 363 and 376 IPC. For conviction u/s. 363 IPC, the accused was sentenced to undergo sentence of RI for three years with fine of Rs. 100/- and in default of payment of fine RI for a period of one months and for conviction u/s. 376 IPC, he was sentenced to undergo RI for a period of five years with fine of Rs. 100/- and in default of payment of fine RI for a further period of one month. Both the sentences were ordered to run concurrently. The accused was also granted the benefit of set-off.

(2.) THE brief facts of the prosecution case are as under:

(3.) THE learned APP for the State has submitted that looking to the gravity of the offence, the punishment imposed by the Court below is on the lower side. He has submitted that since the offence in question is a heinous one and that to against a minor, the Court below ought to have imposed a much stringent punishment. Hence, a much higher sentence of imprisonment deserves to be imposed on the original accused.