AMEEL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has been convicted for an offence under section 366 IPC and sentenced to undergo R.I. for a period of one year by the Court below. Being aggrieved, he has preferred this criminal appeal.

(2.) IT was alleged that on 24.5.1885 the appellant kidnapped one minor girl Veena with the help of co -accused persons so as to compel her to have sexual intercourse with the appellant. It was further alleged that in between 24.5.1985 to 10.6.1985, when the prosecutrix Veena recovered, she was subjected to sexual intercourse by the appellant. The appellant was charge sheeted for the offences under sections 366 and 376 IPC and other co -accused persons were charge sheeted for an offence under section 366 IPC. All the co -accused persons were acquitted. The appellant was also acquitted of the charge under section 376 IPC, but convicted for an offence under section 366 IPC and sentenced to undergo R.I. for a period of one year as aforesaid. Being aggrieved, the appellant has preferred this criminal appeal.

(3.) SO far as the sentence is concerned, the learned counsel submitted that the appellant has already remained in jail for about a period of about 7 1/2 months and, therefore, looking to the age and circumstances of the case it would meet the ends of justice if the period of imprisonment is reduced to the period of imprisonment already undergone by the appellant.