SHAMSHER ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajiv Upadhyaya, Advocate holding brief of Ms. Sufiya Bano, learned counsel for the appellant and Sri L.D.Rajbhar, learned A.G.A. for the State.

(2.) This criminal appeal has been preferred by the appellant challenging the judgment and order dtd. 10/1/2014, passed by Addl. District and Sessions Judge, Bhadohi in S.T. No. 20 of 2011 (State Vs. Shamsher Ali) arising out of Case Crime No. 325 of 2010 under Sec. 363, 366, 376 I.P.C. P.S. Gopiganj, District- Sant Ravi Das Nagar, Bhadohi, where appellant got convicted under Sec. 363, 366 and 376 I.P.C. and sentenced for seven years rigorous imprisonment each under Sec. 363 and 366 I.P.C. and for 10 years rigorous imprisonment under Sec. 376 I.P.C.

(3.) The submission in brief of the appellant is that he has been awarded a substantive sentence of 7 years for an offence under Sec. 363 I.P.C. and another substantive sentence of 7 years for an offence under Sec. 366 I.P.C. and further substantive sentence of 10 years for the offence under Sec. 376 I.P.C. The trial court did not specify whether such sentences shall run concurrently or consecutively. Resultantly, he is facing prospect of imprisonment of 24 years, which is too rigorous and severe. The sentencing part of the order of the trial court is therefore flawed.