ROOP KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant was charged under section 376 of IPC for committing rape on one Bistaria Bai on 10.1.1985 at about 11.00 a.m. in a nullah No. 10 colliery in village Badkuhi in Sessions Trial No. 93/85. The learned Sessions Judge, Chhindwara after analysing the evidence produced by the prosecution acquitted the appellant of the charge under section 376 of IPC but found him guilty u/s 354 IPC and convicted him to suffer sentence of six months' R.I. and sentence of fine of Rs. 500/ - and in default sentence of two months' R.I. It is also directed that the sum of Rs. 300/ - out of the fine shall be paid to the prosecutrix.

(2.) IT is not necessary to write the detailed judgment because the conviction is not challenged. Shri Arun Kochar, learned counsel for the appellant, however, urges that there are reasonable grounds to soften the rigour of sentence particularly at this distance of time. Shri Ashok Agrawal, learned Penal Lawyer for the State, does not seriously oppose the modification of sentence in view of the facts and circumstances as of the case.