RAJ KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) BOTH the appellants have been convicted under sections 376(2)(f) and 377 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life under each count with a fine of Rs. 5000/ - each, in default, to undergo rigorous imprisonment for six months. However, both the sentences have been ordered to run concurrently.

(3.) LEARNED Sr. counsel for the appellants in both these appeals has submitted that he does not want to challenge the order of conviction of the appellants and will not argue on the merits of the cases. He will only make his submissions on the point of the question of sentence. It has been submitted that the sentence of life imprisonment is too harsh under the aforesaid sections in which maximum sentence is rigorous imprisonment for 10 years only. The appellants are in custody since last seven years and they have suffered mental torture of protractive trial. Under the facts and circumstances it has been prayed that sentence may be reduced to ten years rigorous imprisonment. Learned counsel for the State and informant have vehemently opposed this prayer.