Court No. - 26
Case :- GOVERNMENT APPEAL No. - 8237 of 2009 Appellant :- State Of U.P. Respondent :- Subhan Khan Counsel for Appellant :- G. A.
Hon'ble Om Prakash-VII,J.
Heard learned AGA perused the entire record.
Present State appeal along with leave application has been preferred by the State of Uttar Pradesh against the judgement and order dated 02.06.2009 passed by the Additional Sessions Judge, Fast Track Court No.03, District Gorakhpur, in Session Trial No. 125D of 2008 under Sections 366A, 366B, 372, 120B, 419 and 420 I.P.C., whereby respondent-accused was acquitted.
Submission of learned AGA is that prosecution was able to prove its case beyond reasonable doubt. Although learned trial court has convicted and sentenced the accused-respondent but punishment imposed upon the respondent is not commensurate to the offence committed by him. It was also argued that trial court adopting liberal view released the respondent only on the ground of imprisonment already undergone i.e. about 15 months. Thus, prayer was made to admit and allow the appeal enhancing the punishment.
I have considered the submissions made by the learned AGA.
In this matter, as is evident from the record, accused-respondent was convicted and sentenced on the basis of imprisonment already undergone. Respondent was facing trial for the offence under Sections 366A, 366B, 372, 120B, 419 and 420 I.P.C. and is resident of Nepal. Impugned judgment and order was passed on 02.06.2009. No minimum sentence has been provided against the offences levelled in the matter. If such is the position and accused was not a previously convicted person, the sentence imposed upon the respondent cannot be said to be illegal. It is true that merely on the basis of confession liberal view cannot be adopted in imposing sentences. But keeping in view the period of imprisonment already undergone in the present matter, no illegality or infirmity is found in the impugned order. Appeal is not liable to be allowed.
Thus for the reason discussed hereinabove appeal is dismissed.
Order Date :- 23.8.2018 A.N. Mishra