STATE OF SIKKIM Vs. SURESH PRADHAN

JUDGEMENT

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

(2.) Learned Additional Public Prosecutor submits that in consideration of the nature of the offence the Respondent be convicted to the maximum period of imprisonment provided under Sec. 354A(1)(i) of the Indian Penal Code, 1860 (hereinafter, the 'IPC'), and fined ? 5,000/-(Rupees five thousand) only. Under Sec. 506 of the IPC, he submits that the maximum sentence prescribed therein also be imposed on the Respondent with fine of ? 5,000/-(Rupees five thousand) only.

(3.) Learned Counsel for the Respondent submits that the Respondent has been incarcerated for a period of one year eight months and twenty five days. That, the period of incarceration already undergone by him be the only imprisonment imposed on him in view of the fact that the Respondent is a patient of Tuberculosis. That, although he is presently not suffering from Tuberculosis there is every chance that it could relapse during the incarceration. That, in view of the fact that the penalty under Sec. 354A(1)(i) of the IPC prescribes that the period of rigorous imprisonment may extend to three years or fine, no further imprisonment be imposed on him under this Sec. and Sec. 506 of the IPC. Medical papers have also been made over to us during the course of hearing.