TAPAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter was listed for orders on the application Inward No. 3899 dated 18.4.2007 filed by the accused-appellant for exemption of his personal presence in the Court, but, with the consent of both the parties, the appeal itself is being disposed of finally.

(2.) Heard learned counsel for both the parties.

(3.) The learned counsel for the appellant did not challenge the order of conviction passed by the trial Court against the appellant convicting him under Sec. 363, I.P.C., but his submission is that the appellant has already remained in jail for about 2 years and 10 days and the prosecutrix PW-5 Sapna Parewa was declared hostile in the present case, therefore, looking to all the facts and circumstances of the case, the maximum sentence of imprisonment awarded by the trial Court may be reduced to a period of imprisonment already undergone by the appellant.