State of Gujarat vs Vinubhai Batukbhai Vagheliya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Guj) 1857

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
State of Gujarat – Appellant
Versus
Vinubhai Batukbhai Vagheliya – Respondent

Advocates Appeared: For the Appellant : Mr Rohankumar H Raval, APP

JUDGMENT :

Gita Gopi, J.

1. The jail remarks shows that the accused had undergone six months and twenty three days of imprisonment, and a set-off of seven days was granted. The punishment was for six months and Rs.10,000/- fine and in failure of payment of fine, thirty days of further imprisonment. It appears that the accused could not pay the fine amount, thus had undergone the sentence as ordered.

2. The appeal is filed by the State under Section 377 of the CRIMINAL PROCEDURE CODE , 1973 (Cr.P.C.) against the order of the sentence passed by the learned Sessions Judge, Amreli on 05.07.2004 in Sessions Case no.57 of 2004 challenging as insufficient sentence and praying for enhancing the sentence.

3. The respondent no.1 about 18 years was tried for the offence punishable under Sections 363 , 366 and 376 of the INDIAN PENAL CODE , 1860 (IPC). By the order dated 05.07.2004. The learned Sessions Judge was pleased to convict the accused under Section 363 IPC and sentenced him to undergo six months rigorous imprisonment and also to pay a fine of Rs.5,000/-, in default of fine, to further undergo fifteen days simple imprisonment. Further, the learned Sessions Judge was also pleased to convict