STATE OF SIKKIM Vs. BUDDHIMAN SUBBA

JUDGEMENT

(1.) 1(i). This Appeal has been preferred under Section 377 of the Code of Criminal Procedure, 1973, to assail the order of sentence dated 31-03-2014 of the Special Judge (P.C. Act), South and West Sikkim at Namchi, in Sessions Trial (Vig.) Case No. 03 of 2004, by which the Respondent-Accused had been awarded the following sentence :-

(2.) THIS Appeal, as noted earlier, being against the order of sentence, it would not be necessary to deal with the facts of the case and is confined only to the question germane for the purpose of its disposal.

(3.) (i). Mr. Karma Thinlay Namgyal, Learned Additional Public Prosecutor, appearing on behalf of the Appellant -State, submits that considering the gravity of the offence, the sentence of imprisonment were too lenient that was made worse when those were made to run concurrently as, by implication, it would mean that for all the five offences, the Respondent -Accused would have to undergo imprisonment of only one year and five months which also would not be required to be undergone by him but would go scot free without facing even a day's imprisonment, the period of custody during the investigation and trial having been set off. He strongly argued that imposing such sentence considering the gravity of the offence would send a wrong signal to the society and cause immense harm to the justice delivery system.