RAGHUNATH Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this appeal against appellant's conviction under section 376 I.P.C. and sentence of 7 years R.I., recorded in S.I. No. 158/88 of Raipur Sessions Division, the correctness of the conviction is not assailed. All that is submitted by the learned counsel is that taking a conspectus of the facts of the case, the sentence already undergone by the appellant which is more than five years and less than six years may be considered as sufficient in the ends of justice. The appellant is in jail, as reported by the learned counsel representing him, since 21.9.89. It is a case of rape on a married woman.

(2.) ON consideration, while upholding appellant's conviction under sections 376 and 450 I.P.C., the sentence of 7 years R.I. on charge of rape is reduced to the period already undergone by the appellant. The sentence under section 450 I.P.C. of 3 years R.I. is upheld but in view of the direction for concurrent running of sentences, the appellant becomes entitled to be released forthwith. He be so released, if not wanted in any other connection.