RANJEET MALIK Vs. STATE

JUDGEMENT

(1.) THE appellant is aggrieved by the impugned judgment and order of sentence dated 22.07.2002 & 31.07.2002 respectively wherein he has been convicted for the offence under Section 376 of the IPC and has been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.40,000/ - and in default of payment of fine to undergo SI for 1 year. Nominal roll of the appellant has been called. It shows that as on the date when he had been granted bail, he had suffered incarceration for 5 years 8 months and 28 days.

(2.) AT the outset, learned counsel for the appellant has prayed for leniency in sentence and has submitted that in view of the proviso contained in Section 376 of the IPC, if there are adequate and special reasons, the Court can in its discretion reduce the sentence from the minimum prescribed. It is pointed out that in this case the victim even as per the radiological report was between 12 -14 years; she was not 12 years of age and as such the minimum sentence even as per the Statute would be 7 years; the appellant now being a married man and living with his family, on a sympathetic consideration, he may not be ordered to be re -incarcerated and be sentenced for a period of 5 years 8 months and 28 days which he has already suffered.

(3.) BEFORE answering this argument, it would be relevant to note the facts of the case.