STATE OF MADHYA PRADESH Vs. SHEIKH SHAHID

JUDGEMENT

(1.) Since the only question involved in this appeal is whether learned Single Judge was right in reducing the sentence as imposed on the respondent, detailed reference to the factual aspects is unnecessary.

(2.) The respondent faced trial for alleged commission of offence punishable under Section 376 of the Indian Penal Code, 1860 (in short the 'IPC'). The respondent-accused-Sheikh Shahid was sentenced to undergo rigorous imprisonment for a period of seven years with a fine of Rs.1,000/- with default stipulation. The conviction was recorded by learned Additional Sessions Judge, Sihore, Jabalpur, who imposed the aforesaid sentences. The respondents-accused preferred an appeal (Crl. Appeal No. 299/2003) in the High Court of Madhya Pradesh. By the impugned judgment, the High Court directed the sentence to be reduced to the period already undergone. It noted that the learned counsel for the accused person who was the appellant before the High Court did not challenge the finding of conviction but only prayed for reduction in sentence. The High Court noticed that respondent-accused Sheikh Shahid had undergone sentence of imprisonment for a period of about six months. The only ground recorded for reducing the sentence was that the accused person comes from rural areas. That appeared to be a just and proper ground to the learned Single Judge to reduce the sentence to the period already undergone.

(3.) There is no appearance for the respondent in spite of service of notice.