1 S.B.Criminal Jail Appeal No.492/2007 Ganpatlal v. State of Rajasthan Date of Judgment :: 12th December, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Rajesh Bhati, amicus curiae, for the appellant. Mr. V.R.Mehta, Public Prosecutor. .... Being aggrieved with the judgment dated 31.5.2007 passed by learned Sessions Judge, Udaipur convicting the appellant and sentencing to undergo four years rigorous imprisonment with a fine of Rs.5,000/-; one year's rigorous imprisonment and three months rigorous imprisonment respectively for commission of offences punishable under Sections 363, 354 and 323 IPC this appeal was preferred through the Jail Superintendent, Central Jail, Udaipur. To assist the Court, Shri Rajesh Bhati, Advocate was appointed as amicus curiae. The only contention of the learned amicus curiae is that the sentence awarded by the trial court was excessive and also that benefit of probation should be allowed to the accused appellant. I have examined the entire record. 2 From the evidence available the trial court reached at the definite conclusion that the accused kidnapped the young girl of eight years with an intention to assault and to outrage her modesty. No challenge though is given to the finding, however, on examination of that I am convinced that the same is supported by adequate evidence and the conviction is having no flow. Much emphasis is given by counsel for the appellant on quantum of sentence. Learned trial court has awarded four years' rigorous imprisonment with a fine of Rs.5000/- for the offence under Section 363 IPC and while doing so adequate reasons are given. Learned trial court in quite unambiguous terms held that the accused assaulted a girl of eight years with an intention to outrage her modesty and such kind of heinous offence could not be taken lightly. I am in absolute agreement with learned Sessions Judge and, therefore, the appeal is having no merit. Accordingly, the same is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.