LAWS(BOM)-2009-1-64

STATE OF MAHARASHTRA Vs. ANJANA RAGHUNATH MOHITE

Decided On January 06, 2009
STATE OF MAHARASHTRA Appellant
V/S
ANJANA RAGHUNATH MOHITE Respondents

JUDGEMENT

(1.) The appel lant State of Maharashtra has preferred this appeal for enhancement of sentence awarded to the respondent-original accused No. 2 by the learned 4th Additional Sessions Judge, Kolhapur in Sessions Case No. 35 of 1991.

(2.) By judgment and order dated 19.10.1991 the learned Sessions Judge Kolhapur convicted the respondent under section 315 r.w. 34 of IPC. However, Sonsid-ering the facts that she is a lady, she was very young, she was handicapped and the other facts of the case, the learned Sessions Judge directed that she be released on ex-ecuting a bond in the sum of Rs. 1000/- for a period of one year with one surety from Kolhapur District in the like sum, she should keep peace and be of good behaviour during this period. According to the State, sentence of imprisonment ought to have been imposed on the respondent, hence, the State has preferred this appeal for enhancement of sentence.

(3.) It may be stated here at this stage that respondent had not challenged the conviction but it is only the State who has preferred this appeal for enhancement of sentence.