STATE OF MAHARASHTRA Vs. MOHAN SHANKARRAO JANRAO

JUDGEMENT

(1.) HEARD the Learned A. P. P. for the State. Perused the records.

(2.) AT the outset, it is to be noted that, inspite of opportunity having been afforded, neither the respondent nor his advocate has appeared in the matter and consequently we have gone through the entire records With the assistance of the learned A. P. P.

(3.) THIS is an appeal for enhancement of sentence of rigorous imprisonment for one year and fine of Rs. 1,000/ imposed by the learned Assistant sessions Judge at Pune in Sessions Case No. 418 of 1991 on account of conviction of the respondent under Section 376 while imposing six months' R. I. for conviction under Section 506 (II) of Indian penal Code. It is the case of the appellant that there are no justifiable reason for imposing punishment less than 7 years on conviction of the respondent under Section 376 of I. P. C. and that the impugned judgment does not disclose any adequate and special reason for imposing punishment less than the minimum sentence of seven years prescribed under the said provision of lam. It is the case of the appellant that considering the facts established in the course of evidence, this is a fit case for enhancing the punishment and awarding maximum punishment which can be awarded for conviction under Section 376 of I. P. C.