1 cri.appeal-856-10 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.856 of 2010 The State of Maharashtra ..Appellant Vs. Gajanan Vasant Buran ..Respondent Mrs.A.S. Pai, APP for the State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. DATED: 19th January, 2011 P.C. We have heard Mrs. Pai, the learned A.P.P., for the State. In Sessions Case No.80/2007 the learned Assistant Sessions Judge at Kolhapur was pleased to convict the original accused No.1 for the offence punishable under Section 376 of the I.P.C., and the accused was sentenced to suffer R.I., for 2 years and to pay a fine of Rs.5,000/-.The accused challenged the said order of conviction and sentence in Cri.Appeal No.3/09 which came to be partly allowed by the learned Sessions Judge at Kolhapur. By his order 2 cri.appeal-856-10 dated 14th June, 2010 the learned Sessions Judge was pleased to confirm the order of conviction. However, the period of sentence came to be reduced from 2 years to one year by the learned Sessions Judge and for the reasons stated in paragraphs 50 to 52 of the judgment. As per Mrs. Pai, the sentence of one year is inadequate. 2. However, it is clear from the record that the order of sentence passed by the trial Court was not challenged by the State Government and that would indicate that the State was satisfied by the said order. The learned Sessions Juege reduced the said sentence to one year. The accused No.1 has not challenged the order of sentence and he is presently undergoing sentence at Kalamba Central Prison, Kolhaplur. 3. In the facts and circumstances of this case and the concurrent findings of fact recorded by both the Courts below we are not inclined to admit this Appeal for enhancement of sentence from one year to two years. 4. Hence, the Appeal is dismissed. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)