BHOOSHAN PASI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Madan Mohan Srivastava, learned counsel for the appellant, learned A.G.A. for the State and perused the record.

(2.) This appeal has been preferred against the judgment and order of conviction dated 06.01.2014, passed by Additional District and Sessions Judge, Court No. 4, Azamgarh, in Sessions Trial No. 579 of 2011, arising out of Case Crime No. 202 of 2010, under Sections 376, 506 I.P.C., Police Station Jiyanpur, District Azamgarh, whereby the accused-appellant was convicted and sentenced under Section 376 I.P.C. for ten years rigorous imprisonment along with fine of Rs. 10,000/- and in default of fine two years' additional imprisonment, under Section 506 I.P.C. for two years rigorous imprisonment along with fine of Rs. 2,000/- and in default of fine two months additional imprisonment. It was further directed that both the sentences shall run concurrently and the period during which the accused-appellant has been in jail shall be adjusted against the substantive sentence.

(3.) During the course of argument, learned counsel for the accused-appellant has confined his argument to the quantum of sentence and has submitted that the accused-appellant has been convicted and sentenced for a maximum period of ten years rigorous imprisonment and from the last more than six years, he has been in jail, which is sufficient in the facts and circumstances of the case, therefore, he has requested that either the accused-appellant should be released on undergone or substantial reduction in sentence may be made. It has further been submitted that in the medical report the age of the victim has been found to be more than 16 years and no injury was found on the body of the victim. It has also been submitted that in the medical report it further finds mention that the victim was habitual of sexual intercourse.