USMAN ABDUL HAI HANE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises out of a judgment and order rendered by Sessions Court, Navsari, in Sessions Case No.29 of 2005, convicting the appellant for the offences punishable under Sections 376 and 506(2) of the Indian Penal Code and Sections 3(1)(10) and 12 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant is sentenced to undergo imprisonment for life in the said offences and to pay a fine of Rs.1,50,000/- and, in default, to undergo rigorous imprisonment for a further period of six months. The Trial Court ordered that, if the appellant paid the fine, Rs.75,000/- will be paid to the prosecutrix and the daughter conceived by her through the coitus with the appellant.

(2.) On the last occasion, when the matter was heard on 12th January, 2010, learned Advocate for the appellant stated that he was instructed by his client, the appellant, to request the Court to permit the appellant a personal audience. This Court, therefore, directed the jail authorities to keep the appellant present before us today and, accordingly, the appellant is before us.

(3.) The appellant has indicated to us directly and the learned Advocate, upon instructions, states that the appellant does not want to challenge the conviction. The prayer is only to reduce the substantive sentence and in lieu thereof, enhance the fine and grant more compensation to the victims, namely, the prosecutrix and her daughter begotten through the incident. The appellant has indicated that he is married and he has a wife and three minor children to support. He also indicated that the prosecutrix is now married somewhere else and is settled in her matrimonial home. Though meekly, it was submitted that it was a case of a love affair and the appellant is engaged in plying rickshaw and agricultural work.