SHYAMA Vs. STATE OF RAJASHTAN

JUDGEMENT

(1.) Leave granted. Heard the counsel for the accused and the State.

(2.) The petitioner was convicted u/s. 376(1)(f) of the Indian penal Code for raping a girl aged less than 12 years. He was sentenced to rigorous imprisonment for ten years and further sentenced to pay a fine of Rs. 50,000.00 for the offence u/s. 376 of the Indian Penal Code and in default of payment of fine, it was directed that he should undergo simple imprisonment for two years. He was also convicted u/s. 366 of the Indian Penal Code and sentenced to undergo five years' RI and to pay a fine of Rs. 5000.00 and in default of fine to undergo simple imprisonment for six months. The learned Upper Sessions Judge further directed that in case of payment of fine, Rs. 45,000.00 shall be deposited in a nationalised bank in the name of the victim girl and the amount shall remain in deposit till she attains majority and thereafter to be paid to her. The Sessions Court further directed that both the sentences of imprisonment should run concurrently. The High Court dismissed the appeal and against the same, the present SLP was filed by the accused.

(3.) This Court, while issuing notice limited to the quantum of fine on 27.9.2004, called for a report from the State Government in regard to certain factors concerning the accused and the victim. The Additional Superintendent of Police, Chittorgarh has filed an affidavit in this regard on behalf of the respondent State.