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Judgment
A.H. Joshi, J.—This is a State appeal against acquittal. Heard. Perused impugned judgment and record.
The respondent was tried before the learned Sessions Judge. The charge was for offence u/s 379 read with Section 75 of the Indian Penal Code. In view of previous conviction, a severe sentence was sought.
The subject matter was commission of theft by pick pocketing. The amount involved was Rs. 315/-. The previous conviction relied upon by the prosecution is in relation to offence u/s 376 of the Indian Penal Code.
The learned Sessions Judge has discussed the aspect of previous conviction in paragraph No. 23 of the judgment and held that the previous conviction was not for an offence falling under Chapter XII or Chapter XVII of the Indian Penal Code and falls under Chapter XVI of the Indian Penal Code.
Though through this application as far as enhanced sentence is concerned, though the State has tried to seeking an enhancement, the same does not appear to be permissible in view of the reasons recorded by learned Sessions Judge in paragraph No. 23.
Appeal has no merit and is dismissed. Learned advocate appointed by the Court be paid fees as per the rules.