GOMARAM Vs. STATE

JUDGEMENT

(1.) This is a revision against the appellate judgment of the learned Addl. Sessions Judge, Barmer dated 20th Feb, 1987 whereby it has upheld the sentence f and conviction of the accused petitioner Gomaram recorded by the learned C.J.M. Barmer on 17.11.86.

(2.) The facts necessary to be noticed for the disposal of this revision briefly stated are : that this accused has committed unnatural intercourse with one Uttam Chand aged 11 years studying Class-V of Neemla School on 27.2.82, when the boy was returning from the school. The learned Magistrate after holding trial held the accused guilty as aforesaid and the appeal against that judgment has been dismissed by the learned Sessions Judge and hence this revision.

(3.) The learned Amicus-Curiae appearing for the accused petitioner has submitted that he does not challenge the conviction of the accused recorded under section 377 IPC. He has further submitted that accused has remained in custody for 2 months and 5 days i e. from 28.2.82 to 4.5.82 during investigation and he has further remained in custody for 11 months and 2 days after his appeal was dismissed by the learned Sessions Judge on 20.2.87. Thus he has remained in custody for 13 months and 7 days. At the time of the occurrence, the accused was aged 19 years.