OMPRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) LEARNED counsel for the appellant fairly concedes that in this case, the conviction of the appellant cannot be sustained for any reason. He also submits that minimum sentence in such kind of matters can be of 10 years R.I. It is submitted that the appellant has been sentenced to undergo R.I. for 10 years besides payment of fine of Rs.1,00,000/- and in default of payment of fine, to further undergo R.I. for one year.

(2.) COUNSEL for the appellant submits that in view of the judgment of Hon'ble the Supreme Court in Shantilal Vs. State of Madhya Pradesh (2008) 1 SCC (Cri.) 1, this Court can reduce the sentence in default of payment of fine. It is submitted that in the light of the aforesaid judgment, appellant only prays for reducing the sentence of one year in default of non-payment of fine to six months as has been done in that case i.e. to say total sentence to be undergone by the appellant is ten years and six months. It is submitted that so far as the petitioner has already completed more than eight years, he may be directed to be released after completing ten years and six months.