BHAWANI DAYALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard leanred counsel for the parties.

(2.) Accused-appellant Bhawani s/o Dayala Ram has preferred this criminal appeal under Section 374 (2), Cr.P.C., challenging the judgment and order of his conviction and sentence dated 14.10.2003 passed by the Additional District & Sessions Judge (Fast Track) Behror, District Alwar, in Sessions Case No. 80/2002, whereby he has been convicted and sentenced under Section 376(1) of the Indian Penal Code to eight years rigorous imprisonment and a fine of Rs. 2000/- (Rupees two thousand); in default of payment of fine, to further undergo six months simple imprisonment.

(3.) The learned counsel for the accused- appellant argued the case at length, but, during the course of arguments, in view of the statement of the prosecutrix Sangeeta (PW. 1), did not press the appeal on merits and contended that the appellant has already remained in jail for more than five years, therefore, his sentence of imprisonment may be reduced to a period of imprisonment already undergone by him.