MADHUKAR MAKAJI MUDGUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.218 of 2013 has been filed by Appellant (accused) against the judgment and order dtd. 13/2/2013 passed by the learned Additional Sessions Judge, Niphad, District Nashik in Sessions Case No. 32 of 2006 (for short "learned trial court"), convicting Appellant for offences punishable under Ss. 376 and 503 of the Indian Penal Code, 1860 (for short "IPC") and sentencing him to suffer rigorous imprisonment of five years and to pay fine of Rs.1,000.00, in default whereof to undergo simple imprisonment for one year.

(2.) The Appeal is admitted.

(3.) The applicant herein is convicted for the offence punishable under Sec. 376 of IPC, is sentenced to R.I. for five years and to pay fine of Rs.1,000.00 in default S.I. for one month. The minimum sentence for the offence punishable under Sec. 376 of IPC is seven years. The reasons assigned by the Sessions Court for awarding the sentence less than minimum is not justified. The reasons assigned by the Sessions Judge is that the applicant-accused is facing trial for 6-7 years and, therefore, a lenient view has been taken. Another ground assigned by the Sessions Court is that the applicant is aged about 60 years. However, the fact remains that he has been convicted for the offence punishable under Sec. 376 of IPC for committing rape of his sister-in-law, who is physically handicapped i.e. she is deaf and dumb. Hence, there was no reason for the Sessions Court to take a lenient view.