STATE OF GUJARAT Vs. SABURBHAI FULABHAI PARMAR

JUDGEMENT

(1.) THE present appeal, under Section-377 of the Code of Criminal Procedure, 1973 for enhancement of sentence is directed against the judgment and order of sentence dated 13/1/1999 passed by the learned Additional Sessions Judge, Panchmahals at Godhra in Sessions Case No. 164 of 1998 whereby the learned Judge has directed the respondent nos. 2 and 3 to undergo rigorous imprisonment of 18 months and fine of Rs. 250/- and in default further to undergo rigorous imprisonment for three months. The learned Judge has acquitted respondent no. 1 because of lack of evidence against him.

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

(3.) MR. R. C. Kodekar, learned APP contended that the sentence awarded by the learned Judge is highly inadequate and disproportionate to the offence committed by the accused. He submitted that the learned Judge has taken lenient view at the time of awarding sentence. He further submitted that learned Judge has ignored the fact that as Vanita was not having an issue she was subjected to cruelty by respondents-accused as they intended to arrange marriage of accused no. 1 elsewhere and therefore she was asked to sign the divorce papers. He submitted that looking to the aforesaid facts of the prosecution case, it is very clear that she was subjected to cruelty by the accused persons and therefore sentence awarded by the learned Judge is on lower side. He submitted that learned Judge has ignored the fact that victim was harassed physically and mentally by the accused persons as she refused to sign on divorce papers. He submitted that sentence imposed by the learned Judge for the offence under Section-498 (A) for a period of 18 months and fine of Rs. 250/- is nothing but mockery of justice. He also submitted that reasons given by the learned Judge while awarding sentence are not cogent and convincing. He submitted that in view of above, the sentence imposed by the learned Judge may be enhanced.