EALSONA RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Learned Counsel for the parties on Sentence.

(2.) Learned Senior Counsel for the Appellant/Convict submits that the minimum sentence under Ss. 361/363 of the Indian Penal Code, 1860 (hereinafter, the 'IPC'), may be imposed on the Appellant in view of the fact that he is a young man aged about twenty-six years, his wife has abandoned him and his children, who are minors and dependent on him. That, they are presently in the care and custody of their paternal aunt who herself is burdened with her own home and other issues to deal with. Hence, a sympathetic view be taken while meting out the sentence.

(3.) Learned Additional Public Prosecutor submits that the maximum sentence as prescribed under Sec. 363 of the IPC be meted out to the Appellant/Convict.