The State of Gujarat opted to prefer Criminal Appeal No.1463 of 2011 under Section 377 of the Code of Criminal Procedure to seek enhancement of sentence imposed on the three companyvicts including the appellant.
Considering that the value of the alleged loot including cash and mobile was only Rs.16,550/ and the young age of the accused, the trial companyrt inflicted rigorous imprisonment of only one year along with fine of Rs.100/ .
In the trial companyrt judgment dated 24.08.2011 the age of the appellant has been recorded as 24 years and as such on the date of the alleged occurrence in July 2008 he would be about 21 22 years of age.
The trial companyrt found sufficient evidence against accused number.1 to 3 and accordingly companyvicted them for the offence under Section 395 of the IPC while holding that prosecution companyld number establish the other charges.
SHIVA KIRTI SINGH, J. The sole appellant was accused number2 before the Sessions Judge, Surat in Sessions Case No.278/2008 along with three other companyaccused for offences under Sections 395, 397 and 504 of the IPC.
