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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
State Of Gujarat – Appellant
Versus
Sureshbhai Balabhai Parmar – Respondent
JUDGMENT :
GITA GOPI, J.
1. Under Section 377 of Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘Cr.P.C.’), the appellant- State by way of this Appeal has made an prayer for enhancement of the sentence passed on 30.09.2005 in Criminal Case No.4014 of 2004 by the learned 3rd Additional Senior Civil Judge and Judicial Magistrate First Class, Bhavnagar. The sole respondent as an accused in the trial was convicted for the offences punishable under Section 506(2) of the INDIAN PENAL CODE for six months while he was acquitted for the offences punishable under Section 507 of the IPC.
2. At the outset, learned Advocate for the appellant Mr. Darshan A. Dave referring to the provision of Section 377 of Cr.P.C. took objection and submitted that since the sentence is passed by the leaned Magistrate, the Appeal would lie before the Court of Sessions and thus, stated that on this very ground the Appeal should be outrightly dismissed. Learned advocate has further submitted that considering the facts of the case, enhancement of sentence to set an example of deterrence is not in consonance with the principles of the judicial system. It is also submitted that the reference b
The necessity of proportional sentencing based on established evidence in criminal cases, emphasizing that mere allegations without conviction do not justify sentence enhancements.
The discretion of trial courts in sentencing should only be interfered with on manifest inadequacy; this discretion encompasses proportionality to the crime committed.
The court underlined that mere allegations of harassment must be substantiated by credible evidence to uphold a conviction under Section 498A IPC.
Sentencing must reflect the seriousness of the crime, considering victim's age and guidelines for determining age, but leniency may apply in ambiguous cases.
The appellate court upheld the trial court's discretion in sentencing, emphasizing that enhancement of sentences requires strong justification, which was not present in this case.
Courts must ensure sentences are appropriate, just, and proportionate to the seriousness of offences; appellate courts can only interfere if compelling reasons justify such changes.
:Merely because a long period has lapsed by the time appeal is decided cannot be a ground to award punishment which is disproportionate and inadequate.
The victim's right to appeal is restricted by statute, and a revision for sentence enhancement is permissible without prior appeal against acquittal; principles of proportionality in sentencing were ....
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