RAJ KISHOR Vs. STATE (GOVT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 06.5.2013 and 10.5.2013 respectively wherein the appellant stood convicted under Section 376 of the IPC. He had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.10,000/- in default of payment of fine to undergo RI for a period of 2 years.

(2.) Learned counsel for the appellant at the outset under instructions from her client (present in Court) submits that she is not pressing his conviction but having regard to the fact that the appellant has undergone incarceration of almost 7 years; the sentence of RI 10 years be reduced to the period already undergone. Attention has been drawn to the order dated 04.5.2017 wherein this fact stood mentioned. Attention has also been drawn to the earlier order sheets which disclose that the application of the appellant seeking suspension of his substantive sentence had been allowed in his favour on 13.8.2015. The appellant could not arrange for a surety; he had filed repeated applications seeking reduction of his surety amount. The surety amount was reduced from Rs.50,000/- to Rs.15,000/-. He could avail of bail order only on 12.5.2017 when he was released from the jail. The report of the Jail Superintendant to the said effect is on record.

(3.) The nominal roll of the appellant reflects that as on 12.5.2017 (date of his release) he had undergone incarceration of about 6 years and 7 months which included the remissions earned by him. His jail conduct was satisfactory.