MASTAN ALIAS MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MASTAN @ Mohan, the appellant herein, was put to trial before the learned Additional Sessions Judge (Fast Track) Beawar, who vide judgment dated March 24, 2003 convicted the appellant under section 376 IPC and sentenced him to suffer rigorous imprisonment for ten years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for six months. Against this judgment that the appellant has preferred the instant appeal.

(2.) I have learned counsel for the appellant as well as learned Public Prosecutor and scanned the material on record.

(3.) IT is contended by learned counsel that the appellant was arrested on December 11, 2001 and he has been in custody continuously for a period of more than 5 years, therefore, in the facts and circumstances of the case the imprisonment awarded to appellant may be reduced. Reliance is placed on Raj Kumar v. State of Bihar, 2007(5) RCR(Criminal) 41 : (2006)9 SCC 589 and Ravinder v. State of M.P., (2006)9 SCC 590.