M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned 4th Additional Sessions Judge, Anand (hereinafter referred to as "the learned trial Court") in Sessions Case No. 38/2011 by which while convicting the respondent-original accused for the offence punishable under Section 376 of the Indian Penal Code the learned trial Court has imposed the minimum sentence provided under Section 376 of the Indian Penal Code i.e. 7 years' Rigorous Imprisonment, State has preferred the present Appeal under Section 377 of the Code of Criminal Procedure for enhancement of the sentence.

2. At the outset, it is required to noted that by the impugned judgment and order the learned trial Court has held the respondent-original accused guilty for the offence punishable under Section 376 of the Indian Penal Code having committed rape on a minor girl/victim aged 16 years. However, while convicting the respondent-original accused for the offence punishable under Section 376 of the Indian Penal Code the learned trial Court has imposed the sentence of 7 years' Rigorous Imprisonment i.e. minimum sentence provided under Section 376 of the Indian Pena