SATYANARAIN Vs. STATE

JUDGEMENT

(1.) Mr. B. Advani, learned counsel for the appellant fairly and frankly submitted that his client cannot escape punishment under s. 354 I.P.C., but since he has already undergone sentence of imprisonment for one year and 7 months, it would meet the ends of justice if he is released on the sentence of imprisonment already undergone.

(2.) The appellant has filed this appeal against his conviction under S. 376 I.P.C. The prosecution case was that he committed rape on a lady Mst. Champa who was deaf, dumb and mad in the field at about 10 A.M. on Sept. 8. 1984.

(3.) The trial court has found this fact to be proved on the basis of the evidence of her mother Mst. Cheni as Mst. Champa could not give any evidence. There is no other direct evidence on the point.