BARKATULLAKHA S O ABDULLAKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant was tried for rape of prosecutrix aged about 14 years, under section 376 I. P. C. By judgment dated 2-12-1993, the Assistant Judge, Khamgaon held the applicant guilty under section 376 I. P. C. and sentenced him to suffer R. I. for 7 years and to pay fine of Rs. 7000/- in default further R. I. for 1 year. On the point of sentence, the trial Court has taken into consideration the fact that, section 376 provides for a minimum sentence of 7 years, as also the fact that the prosecutrix was 14/15 years at the time of offence in question.

(2.) THE applicant was 35 years old and had 5 children. Taking into consideration all these facts the learned Assistant Judge, awarded the sentence as aforesaid. The applicant filed appeal against the said conviction and sentence, and the learned Additional Sessions Judge, Khamgaon by judgment dated 11-6-1997 converted the conviction from one under section 376 I. P. C. to 376 r/w section 511 I. P. C. Accordingly the sentenced the applicant to suffer R. I. for 2 years with fine of Rs. 7000/- in default R. I. for 1 year. The learned Additional Sessions Judge, had examined the question of imposing minimum sentence of 3? years on the applicant, but was of the opinion that sentence of 2 years of R. I. and sentence of fine of Rs. 7000/- would meet the ends of justice. The applicant not satisfied with the judgment of the learned Additional Sessions Judge, has approached this Court in Revision seeking to set aside the said conviction and sentence imposed on him by the learned Additional Sessions Judge, Khamgaon.

(3.) IN this case, exercising suo motu powers under section 397 read with 401 of Cri. P. C. a notice was given to the applicant as to why the sentence should not be enhanced. Notice has been duly served on the applicant.