The State of Karnataka vs Krishna

K.N. Keshavanarayana

This appeal by the State under section-377 of Code of Criminal Procedure & for enhancement of sentence imposed by the Court below. The respondent who had been arraigned as Accused No.1 in C.C. No.9125/2004 on the file of the IV Additional Chief Metropolitan Magistrate, Bangalore was charge sheeted alongwith one Raja, for the offence punishable under section-380 of IPC. As the respondent/Accused No.1 was in judicial custody, proceedings were conducted in the Central Prison at Parappana Agrahara as directed by this Court by a general order dated 11.8.2004. During the proceedings, the respondent pleaded guilty for the charge levelled against him. The learned Magistrate accepting the plea of guilt as voluntary and acting thereunder, convicted the respondent/Accused No.1 for the said offence punishable under section-380 of IPC. The learned Magistrate sentenced the accused to undergo Simple Imprisonment for four months for the said offence and gave set off of the period of custody undergone by him in prison. Aggrieved by the inadequacy of the sentence ordered by the learned Magistrate, the State is in appeal before this Court.

Though the respondent is served with the notice of this appeal, ha has remained absent and unrepresented. Heard the learned High Court Government Pleader appearing for the State. Perused the order under appeal

3 As already noticed supra, the respondent/ accused has been convicted for the offence under section-380 of IPC on the basis of the plea of guilt made by him. The punishment prescribed for the offence punishable under section-380 of IPC is imprisonment that may extend upto the period of seven years and fine. Having regard to the fact that the accused pleaded guilty for the charge levelled against him and he was injudicial custody from the date of his arrest, the learned Magistrate, thought it proper to impose sentence of imprisonment for a period of Sour months. The sentence was ordered on 14.8.2004 and we are now in January-2012. At this length of time, I do not find any good ground to enhance the sentence ordered by the Court below Having regard to the facts and circumstances of the case, the sentence ordered by the learned Magistrate is proper and adequate, as such it does not warrant enhancement. In that view of the matter, I do not find any merit in this appeal. Accordingly, the appeal is dismissed.