KRISHAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dt. 18.04.2002 passed by the learned Additional Sessions Judge (Fast Track) Ratangarh, district Churu, in Sessions Case No. 15/2002 (20/2001) he convicted the accused appellant for offence under Section 376 IPC and sentenced for 10 years rigorous imprisonment and a fine of Rs. 1000/ - in default of payment of fine to under go further rigorous imprisonment for one year.

(2.) PROSECUTION case is as under:

(3.) MR . K.R. Bhati, learned Amicus Curiae for the appellant stated that so far as findings of learned trial Court for conviction under Section 376 IPC against the appellant is concerned, looking to the prosecution evidence, he is not contesting and challenging the conviction of the appellant. Learned Counsel contended that so far as age of the prosecutrix is concerned, the evidence of doctor Shankar Lal P.W. 10 is important and material and as per evidence of said medical officer, looking to the number of teeth and growth and development of body of prosecutrix, she was about 12 years and as per Medical Jurisprudence two years margin on upper side is taken then age of prosecutrix may be even 14 years in this case. As per provisions of Section 376(2)(f) IPC where prosecutrix is under 12 years of age and in this case also prosecutrix is not below 12 years age thus condition of rigorous imprisonment for a term which shall not be less than 10 years is not applicable in this case. Learned Counsel states that this incident relates to dt. 12.04.2001 and as per explanatory statement of accused under Section 313 Cr.P.C. the appellant was 29 years of age and he is in prison. Thus looking to age of accused appellant, a leniency in sentence may be considered and awarded sentence of 10 years may be reduced to 7 years as per rulings reported in, 2004 Cri.L.R. 3270 Kallem Shankar Reddy v. State of A.P., 2000 Cri.L.R. (Raj.) 683 Bharat Singh v. State of Rajasthan and S.B.Cr. Jail Appeal No. 26/2004 Bhanji v. State of Rajasthan decided on 2nd October, 2005.