BABU KHAN Vs. STATE

JUDGEMENT

(1.) The appellant Babu Khan was prosecuted in the Sessions Case No.133/2002 in the Court of Additional Sessions Judge on the basis of report (chargesheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on the charge for offences punishable under Section 365 and 376 read with Section 34 of Indian Penal Code, 1860 (IPC), the said trial also being against a co-accused (Raja @ Shahid). On the basis of evidence which was adduced, the trial court, by its judgment, dated 20.01.2004, held both appellant and the said Raja guilty and convicted them, as charged. By order dated 21.01.2004, rigorous imprisonment for seven years with fine of Rs.3,000/- each was awarded against the appellant, and the co-convict, for the offences under Section 376 IPC, this in addition to rigorous imprisonment of five years as fine of Rs.2,000/- for offence under Section 365 IPC. Both substantive sentences were directed to run concurrently and the benefit of set off was accorded under Section 428 Cr.P.C., for the period of detention already undergone.

(2.) The present appeal was filed in 2005 assailing the said judgment and order on sentence. The substantive sentence was suspended and the appellant released on bail pending hearing on the appeal by order dated 14.09.2005. The appeal was admitted and directed to be taken up in due course. It came up for hearing for the first time thereafter from the regular board on 21.08.2017. It has come up for final hearing 18 years after the events which had given rise to the case.

(3.) The appellant has moved an application (Crl. M.A. No.755/2019) submitting that he does not wish to challenge the impugned judgment on merits, he expressing remorse and accepting his guilt. He is seeking reduction in sentences, inter alia, on the grounds that he comes from an underprivileged strata of society and is earning his livelihood to support his family which include two children, he not having been involved in any crimes other than the present case. That the appellant had clean antecedents prior to the registration of the aforementioned case and thereafter till date is confirmed by the report of the station house officer (SHO), New Ashok Nagar presented by the Additional Public Prosecutor, who leaves the consideration of the request for reduction of the punishment to the judicial discretion of the Court.