MOHD. JUNAID SHEIKH @ PAPPU v. STATE OF CHHATTISGARH
2018-01-12
R.BANUMATHI, RANJAN GOGOI
body2018
DigiLaw.ai
ORDER 1. We have heard the learned counsels for the parties. 2. Leave granted. 3. We find no error in the conviction recorded passed by the learned trial Court and affirmed by the High Court. 4. Insofar as the sentence is concerned, it has been urged that the act for which the accused appellant has been held liable was consensual having regard to the three incidents alleged in the year 2009 and 2010. However, taking into account the proved age of the alleged victim, the act, even if consensual, will not exonerate the accused appellant. However, that may be a relevant ground for reduction of the period of sentence awarded i.e. ten (10) years. 5. The accused appellant has actually served the custody/imprisonment for a period of about seven and half years. The minimum sentence for the alleged offence is seven years. Taking into account the totality of the facts of the case, we are of the view that the ends of justice would be met by maintaining the order of conviction but by reducing the sentence to the period of custody undergone i.e. about seven and half years. We order accordingly. The sentence of fine remains undisturbed. 6. The appeal is dismissed subject to the modification of the sentence above. The accused appellant be set at liberty forthwith unless his custody is required in connection with any other case.