Sonia Gokani, J.

1. By way of present preferred under Section 377 of the Code of Criminal Procedure, 1973, the appellant State has prayed for enhancement of sentence in respect of the judgment and order of conviction and sentence dated January 28, 2011 passed by learned Additional Sessions Judge, Court No. 10, Ahmedabad in Sessions Case No. 225 of 2010. Brief facts leading to the present appeal are as under :-

1.1. Complainant Anjali Rakeshchandra Nair, studying her diploma course of Fashion Designing at National Institute of Design ("NID" for short) and a permanent resident of Delhi, was staying, as a paying guest, in Samay Apartment near NID, Paldi. On March 26, 2009, while returning to her apartment at 01:00 a.m. from NID Studio, she found unknown boys near the main gate of NID. One aged 19 years and another aged 21 years. They were forcibly taking away one lady aged about 35 to 40 years. The lady did not appear to be in a fit state of mind and, therefore, the complainant stopped those persons and enquired as to why she was being dragged. She was rebuked and replied to in abusive manner which also was scaring. She, of course, left for her apartment. However, after some tim