MAHABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-appellant-Mahabir was convicted for an offence under Sections 363, 366 and 376 of the Indian Penal Code (for short 'the IPC') by the Additional Sessions Judge, Hisar vide judgment dated 14.9.1999 . Vide order dated 18.9.1999 of the Additional Sessions Judge, Hisar, the accused was sentenced to undergo rigorous imprisonment for two years and was also sentenced to pay a fine of Rs. 1000/- under Section 363 IPC; he was further sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 1000/- for an offence under Section 366 IPC and he was also sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 3000/- under Section 376 IPC. All the substantive sentences of the accused were ordered to run concurrently. Hence, the present appeal by the accused-appellant.

(2.) Prosecution case, as noticed by the trial Court in para No. 2 of its judgment, is reproduced herein below:

(3.) Learned Counsel for the appellant, during the course of arguments, has not challenged the conviction of the appellant under Sections 363, 366 and 376 IPC. Learned Counsel has submitted that the appellant is the sole bread earner of the family and is facing the criminal proceedings since the year 1998. Prosecutrix was already married at the time of alleged incident and there is no documentary evidence available on record qua her age. No ossification test of the prosecutrix has been conducted. Appellant has undergone more than 2 years and 4 months of actual sentence. Learned Counsel has submitted that the sentence qua imprisonment of the appellant be reduced to already undergone by him.