INDAL Vs. STATE OF M.P.

JUDGEMENT

(1.) IN judgment dated 23.4.1999 pronounced by Ilnd A.S.J. Balaghat in S.T. No. 182/98, this appellant is held guilty for having committed offences punishable u/s 341, 323 and 376(2) (g) of the IPC. For this offence punishable u/s 341, the appellant is sentenced to undergo rigorous imprisonment for one month. For offence punishable u/s 323 of IPC the appellant is sentenced to undergo rigorous imprisonment for 3 months and for offence punishable u/s 376(2) (g) the appellant is sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 3,000/-. In default of payment of fine, the appellant is further sentenced to undergo simple imprisonment for a period of 6 months. All the substantive sentences of imprisonment are ordered to run concurrently.

(2.) DURING the course of trial, the appellant was in custody 19.5.1998 and after pronouncement of judgment dated 23.4.1999 also he is undergoing the remaining part of the seatence of imprisonment. So far as sentences of imprisonment imposed in connection with offences punishable u/s 341 and 323 of IPC are concerned, the appellant has already undergone. Against the sentence of imprisonment imposed in connection with offence punishable u/s 376(2) (g) of the IPC also the appellant has undergone imprisonment for a period of 5 years, 2 months and 24 days. The appellant was aged 20 at the time of commission of the offence and he is illiterate agriculturist from rural area, therefore, it is noted to be a fit case to reduce the sentence of imprisonment imposed in connection with offence punishable u/s 376(2) (g) of the IPC to the period already undergone.

(3.) Thus, this appeal stands partly allowed. While confirming the finding of conviction of appellant for offences punishable u/s 323, 341 and 376(2) (g) of the IPC, the sentence of imprisonment imposed in connection with offence punishable u/s 376(2) (g), IPC is reduced to the period already undergone and sentence of fine is set aside. The sentences of imprisonment imposed in connection with offence punishable u/s 323 and 341 of IPC, the appellant had already undergone. If the appellant is not required in any other case, he shall be released forthwith. This appeal stands disposed of finally.