RATIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the judgment of Additional Sessions Judge, Hindon city in Sessions case No. 54/97 delivered on 31.8.2000 whereby, learned Judge convicted and sentenced the appellant as under: Under Sec. 376 I.PC.:

(2.) Learned counsel for the appellant urging that both the accused and the prosecutrix are of advanced age and married. Such an incidence between adult persons who have attained the age of discretion cannot happen without there being any background of such exchange of vibes. Learned counsel for the appellant further stressed that the total sentence awarded in the case of seven years and the accused has already undergone more than three and half years substantive sentence.

(3.) The effect of sentence has already taken place in the accused and he feels remorseful and under the compulsion of remorse, he offers compensation to the prosecutrix for the trauma caused to her. Learned counsel for the appellant submitted that the financial assistance offered by the accused would be of some help to the prosecutrix in settling her position in the society and after the accused having already served three and half years of substantive sentence, further confining him in the jail would not in any case gain anything.