VIDYA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Suraj Kumar Singh, Amicus Curiae appearing on behalf of accused-appellant, learned A.G.A. for the State and perused the record.

(2.) This appeal has been preferred by the accused-appellant namely Vidya Ram against the judgment and order of conviction dated 16.02.2013, passed by Additional Sessions Judge/Special Judge, E.C. Act, Badaun, in Sessions Trial No. 523A of 1998, arising out of Case Crime No. 137 of 1997, under Section 364 I.P.C., Police Station Ushait, District Badaun, whereby the accused-appellant was convicted under Section 364 I.P.C. for a period of ten years rigorous imprisonment along with fine of Rs. 10,000/- and in default of fine one year's additional rigorous imprisonment. It was further directed that out of deposited fine, Rs. 5000/- shall be paid to the victim of the offence.

(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 regularly in jail from the date of passing of the impugned judgment i.e. 16.02.2013. He has further submitted that earlier also, during investigation and trial for some times, the accused-appellant has remained in jail. Learned counsel for the accused-appellant has submitted that the accused-appellant has been convicted maximum for the period of ten years rigorous imprisonment and from the last about seven 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.