BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BHANWAR Lal son of Heeralal was tried by the Court of Special Judge, Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act Cases, Sikar. The said court vide impugned judgment dated 21.10.2008 has held the appellant to be guilty of offences under Section 376 IPC and Sections 3(1)(XI) (XII) and 3(2)(V) of SC/ST (Prevention of Atrocities) Act and vide a separate order of even date, sentenced the appellant as under: - -

(2.) IT is to be noted that the appellant was acquitted for offences under Sections 366, 328, 344, 506 and 379 IPC.

(3.) WE would have examined in detail whether offence under Section 376 IPC is made out or not, but Shri Deepak Soni learned counsel appearing for the appellant at the very outset has stated that since the appellant has already undergone 7 years and 10 months, he will not assail the conviction and sentence of the appellant under Section 376 IPC, but shall confine and limit his prayer to urge before this court that conviction and sentence of the appellant awarded by the trial court under the provisions of SC/ST (Prevention of Atrocities) Act is not warranted. Considering that appellant has undergone sentence more than, what is awarded under Section 376 IPC, we shall not carry the academic exercise, especially when counsel for the appellant is not willing to assail the conviction of appellant for offence of rape.