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1988 DIGILAW 61 (RAJ)

Gomaram v. State

1988-01-21

J.R.CHOPRA

body1988
JUDGMENT 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. 4. Looking to these facts and circumstances of the case, I am inclined to take a lenient view about sentence and feel that ends of justice would be met if the accused is sentenced to the period of his custody alongwith a fine of Rs. 200/ which has been imposed upon him by the learned trial court which has also been upheld by the learned first appellate court. 5. In the result, I partially accept this revision, maintain the conviction of the accused petitioner Gomaram recorded under section 377 IPC and instead of 2 years R.I., I sentence him to the period of his custody alongwith a fine of Rs. 200/- and in default of the payment of this amount of fine, the accused shall further undergo 2 months R.I. 6. The revision petition stands disposed of accordingly.Revision disposed of. *******