SHEIKH FALSAR Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by Sheikh Falsar against the judgment dated 1st February, 2002 convicting the appellant for offences under Section 366 and Section 376(2)(f) of Indian Penal Code. Vide order of sentence dated 5th February, 2002, the appellant was sentenced to life imprisonment and a fine of Rs. 10,000/- for the offence under Section 376(2) (f), IPC. In default of payment of fine, appellant was to undergo further SI for one year. The appellant was also sentenced to rigorous imprisonment for nine years and a fine of Rs. 10,000/-. In default, simple imprisonment for one year for the offence under Section 366, IPC. Both the sentences are to run concurrently with the benefit of Section 428, Cr.P.C. also available to the appellant.

(2.) The appellant, as of now, has served a term of nearly five years and eight months. The appeal was admitted to hearing on 7th March, 2005. Mr. Ajay Sharma, Advocate, vide orders dated 7-3-2005 had been appointed as an Amicus Curiae. As Mr. Sharma was not present when the matter came up for hearing on 11th November, 2005 Mr. G. P. Thareja, retired Additional District and Sessions Judge was appointed as the Amicus Curiae to assist the Court along with Mr. V. K. Raina, the nominated counsel from jail.

(3.) Learned counsel for the appellant Mr. V. K. Raina and Mr. G. P. Thareja, Amicus Curiae and Mr. Ravinder Chadha on behalf of the State were heard on 20th December, 2005 and the judgment reserved. Learned counsel for the appellant as also the Amicus Curiae very candidly state that there is enough material and evidence on record to sustain the conviction. In fact, there are no good grounds available to challenge the conviction. Counsel have, therefore, addressed us only on the quantum of sentence to which, we shall advert.