SHARDA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant has been convicted under section 376 read with Section 109 IPC and sentenced to undergo rigorous imprisonment for three years.

(2.) Based on the evidence of prosecutrix PW-2 who was pregnant for 32 weeks and the oral evidence of witness PW-3 (Dori Lal) and the medical evidence, the Trial Court convicted the first accused-Mulaim under section 376 IPC and sentenced him to undergo imprisonment for seven years. The appellant herein was convicted under Section 376 IPC read with 109 IPC for abetting the commission of rape by the first accused and sentenced to undergo imprisonment for seven years, which was modified by the High Court to three years.

(3.) Even though various contentions have been raised assailing the conviction, learned counsel for the appellant mainly confined his submissions on the quantum of sentence. Learned counsel for the appellant submitted that the appellant is a landless agriculture labourer and is having a family with five children whom he has to support. Learned counsel further submitted that the occurrence was of the year 1982 and the appellant has now crossed the age of 55 years and, therefore, prays for leniency. Per contra, learned senior counsel appearing for the State submitted that at the time of incident, the prosecutrix was in the advanced stage of pregnant and no leniency could be shown. Learned counsel further submits that commission of rape on pregnant women falls under the aggravated form of offence under Section 376(2)(e) which attracts stringent punishment and, therefore, submitted that no leniency could be shown to the appellant.