[Criminal Appeal No.209 of 2016 arising out of S.L.P. (CRL.) No.1671 of 2016]. The sole appellant was accused no.2 before the Sessions Judge, Surat in Sessions Case No.278/2008 along with three other co-accuseds for offences under Sections 395, 397 and 504 of the IPC. The trial court found sufficient evidence against accused nos.1 to 3 and accordingly convicted them for the offence under Section 395 of the IPC while holding that prosecution could not establish the other charges. 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 court inflicted rigorous imprisonment of only one year along with fine of Rs.100/-. In the trial court 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 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 convicts including the appellant.
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