LATOOR Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 29.5.2013 passed by learned Addl. Sessions Judge No. 1, Bundi in Sessions case No. 29/2012. Brief facts of the case are that a first information report was lodged by one Smt. Lad Kanwar at PS-Taleda on 12.3.2012 for the offence under Secs. 366 and 376 IPC. After proper investigation, police filed charge-sheet before the concerned Judl. Magistrate, Talera, from where case was committed to the court of Sessions Judge, Bundi, but since matter was trial by Sessions Judge, therefore, it was transferred to the court of Addl. Sessions Judge, Bundi for further trial. The trial court framed charges under Sec. 366 and 376 IPC against the appellant to which he denied and claimed to be tried. The prosecution in support of its case examined 14 witnesses and exhibited certain documents. Statements of appellant under Sec. 313 Cr.P.C. were recorded. After hearing both the parties, the trial court convicted and sentenced the appellant vide order dated 29.5.2013. Hence this appeal has been preferred against the said impugned order.

(2.) Learned counsel for the appellant has contended that without going into the merits of the case, he is not challenging the conviction and sentence part of the impugned judgment dated 29.5.2013, but he contended that since the appellant has remained in custody from 13.3.2012, it is his first offence, he is an old person, having children in his family and belongs to a respectable family, therefore, his sentence may be reduced to the period already undergone by him in custody, if not, then this appeal may disposed of with a direction to the concerned authorities to give benefit of Section 433 Cr.P.C. to the appellant in accordance with law.

(3.) Learned Public Prosecutor opposed the same. In view of above, the prayer made above seems to be genuine, hence this appeal is disposed of with the following directions: