The Appellate Court is not justified in interfering with the sentence imposed by the trial Court unless the punishment is shockingly disproportionate to the offence committed.

M.R. Shah, J.

1. As the present Appeal and the Revision Application arise out of the impugned judgment and order passed by the learned Additional Sessions Judge, Sabarkantha at Modasa in Criminal Appeal No. 10 of 2013 and arising out of the same Criminal Case both these Appeal and the Revision Application are heard, decided and disposed of together by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Appellate Court - learned 3rd Additional Sessions Judge, Sabarkantha at Modasa dated 13.11.2013 passed in Criminal Appeal No. 10 of 2013 by which the learned Appellate Court has interfered with the judgment and order passed by the learned trial Court and has not only acquitted the original accused for the offence under Sections 406 and 420 of the Indian Penal Code but has also interfered with the sentence imposed by the learned trial Court imposed while convicting the original accused for the offences under Sections 465, 467, 468 and 471 of the Indian Penal Code, the State has preferred present Criminal Appeal No. 208 of 2014 for enhancement of the sentence and to restore the judgment and order passed by the learned trial Court.

2.1 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Appellate Court dated 13.11.2013 passed in Criminal Appeal No. 10 of 2013 in so far as confirming the conviction of the accused for the offence under Sections 465, 467, 468 and 471 of the Indian Penal Code, the original accused has preferred Criminal Revision Application No. 719 of 2013.

2.2 At the out set, it is required to be noted that Shri P.S. Patel, learned advocate appearing on behalf of the original accused has stated at the bar that he does not press the Criminal Revision Application No. 719 of 2013 challenging the impugned judgment and order of conviction passed by the learned Appellate Court confirming the conviction for the offence under Sections 465, 467, 468 and 471 of the Indian Penal Code. However, he requested to make considerable observations that whatever the punishment already undergone by the accused may be given set off in accordance with law.

2.3 Under the circumstances, this Court is not required to consider the legality and validity of the impugned judgment and order passed by the learned Appellate Court confirming the conviction of the accused for the offence under Sections 465, 467, 468 and 471 of the Indian Penal Code. It is also required to be noted that as even the State has also not preferred any Appeal against the impugned judgment and order passed by the Appellate Court acquitting the original accused for the offence under Sections 406 and 420 of the Indian Penal Code and even any Appeal challenging the order passed by the learned Appellate Court in Criminal Appeal No. 33 of 2011 by which the learned Appellate Court has dismissed the said Appeal which was preferred by the State for enhancement of the sentence imposed by the learned trial Court. Therefore, the only question which is required to be considered by this Court in the present Criminal Appeal No. 208 of 2014 preferred by the State is as to whether in the facts and circumstances of the case the learned Appellate Court is justified in interfering with the sentence imposed by the learned trial Court, imposed while confirming the conviction of the accused for the offence under Sections 465, 467, 468 and 471 of the Indian Penal Code?

3. The facts leading to the present Criminal Appeal No. 208 of 2014 are as under:--

3.1 That the respondent herein - original accused came to be tried by the learned 2nd Additional Judicial Magistrate First Class, Modasa for the offence under Sections 406, 420, 465, 467, 468 and 471 of the Indian Penal Code. That vide judgment and order dated 13.12.2010 the learned trial Court convicted the original accused for the offences under Sections 406, 420, 467 and 468 of the Indian Penal Code and also for the offence und