STATE OF GUJARAT Vs. KALU ALIAS GABBAR BHANUBHAI

JUDGEMENT

(1.) THE present appeal is preferred by the State for enhancement of sentence against the judgement and order dated 31. 01. 1996 passed by the Additional Sessions Judge, Bhavnagar in Sessions Case No. 107 of 1992, whereby the accused has been convicted of the charges leveled against him under sections 452, 366 and 376 of Indian Penal Code. 1. 1 The original accused was ordered to undergo rigorous imprisonment for three months and fine of Rs. 200/- in default to undergo rigorous imprisonment for ten days for offence under section 452 and 366 of Indian Penal Code. The original accused was also ordered to undergo rigorous imprisonment for five years and fine of Rs. 1000/- in default to undergo rigorous imprisonment for three months for offence under section 376 of Indian Penal Code.

(2.) IT is the case of the prosecution that the prosecutrix who was about 12 years of age on the date of incident was residing with her parents. On 22. 01. 1992, while the prosecutrix was present at her home with her brother and sister in the absence of their parents, the accused raped her. The prosecutrix shouted for help and therefore her brother and neighbour rushed there.

(3.) MS. Manisha Luvkumar Shah, learned APP has submitted that the trial court ought to have taken serious view of the matter and ought to have imposed maximum sentence upon the accused. She 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.