SHIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant was convicted for an offence under Sections 363, 366 and 376 of the Indian Penal Code (IPC for short) vide judgment dated 18.7.2007 passed by the Additional Sessions Judge, Fast Track Court, Gurgaon. Vide order dated 21.7.2007, the appellant was sentenced to undergo rigorous imprisonment for a period of four years with a fine of Rs. 2,000/- under Section 363 IPC; to undergo rigorous imprisonment for a period of five years with a fine of Rs. 2,000/- under Section 366 IPC and to undergo rigorous imprisonment for a period of seven years with a fine of Rs. 3,000/- under Section 376 IPC. Hence, the present appeal.

(2.) Prosecution case, as noticed by the trial Court in para 2 of its judgment, is reproduced herein below:-

(3.) During the course of arguments, learned counsel for the appellant has not challenged the conviction of the appellant under Sections 363, 366 and 376 IPC but has submitted that sentence qua imprisonment of the appellant be reduced to already undergone by him. Learned counsel for the appellant has submitted that the appellant is in custody for the last more than four years. The appellant was 20 years old at the time of alleged occurrence. The prosecutrix had gone to different places with the appellant but had not raised any alarm. Now the prosecutrix has got married. The appellant is a young man and has already suffered enough.