TRIBHOVAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been listed in view of the communication addressed by the Superintendent of Godhara Sub ' Jail to the Registry seeking opinion from this Court for consideration and granting remissions to the convict since he has completed 14 years, 5 months and 6 days of sentence on 13/7/2023. Thus, as on today the convict has completed approximately 15 years of sentence. Such remission has been sought in view of the policy of the State Government dtd. 23/1/2014 or the prevalent policy of the State Government framed fro granting remission to the convicts and in light of the provisions of Sec. 433 (2) and 433- A of the Criminal Procedure Code, (for short, 'the Cr.PC').

(2.) The registry has placed the matter in view of the circular dtd. 27/6/2019 ordered by Hon'ble the acting Chief Justice.

(3.) The Division Bench vide judgment dtd. 28/4/2014 passed in Criminal Appeal No. 1283 of 2009, which was filed by the convict. After analyzing all the evidence threadbare has confirmed the conviction and sentence recorded by the trial Court. The fact as recorded by the Division Bench suggests the fact that the convict had raped the victim, who was slightly more than 12 years of age and the same has been recorded in Para Nos. 22, 28, 29 and 30, which are as under: