Crl.A. 208/2009 BEFORE THE HON’BLE MR JUSTICE P.K. MUSAHARY Heard Mr. P.D. Nair, learned counsel appearing on behalf of Mrs. M. Bor a engaged counsel for the appellant, who is now under going treatment in hospita l. I have also heard Mr. B.S. Sinha, learned Addl. P.P. Assam appearing for the State respondent. This appeal has been preferred against the judgment and order dated 5.2.2009 pas sed by the learned Assistant Sessions Judge, Dibrugarh in Sessions Case No. 1156 /2007 u/s. 376/511 IPC convicting the accused appellant to undergo R.I. for 2 (t wo) years with fine of Rs. 5,000/- in default another R.I. for 6 (six) months f or the offence u/s. 376 IPC. It is submitted that the convict appellant has been in jail since 24.3.2009 and he is serving the sentence till this date. If the period of sentence is counted, the appellant is found to have served the full se ntence exceeding 23 days. I have gone through the record with the assistance of Mr. B.S. Sinha, learned Ad dl. P.P. Assam and it is found that the convict appellant has served the full se ntence. Mr. Nair, learned counsel, on instruction, submits that the conviction may be su stained and the convict appellant may be set at liberty forthwith inasmuch as he has already served the full term of the sentence. In view of the above, this appeal stands disposed of upholding the conviction an d sentence as awarded vide impugned judgment and order dated 25.11.2009. The app ellant Sri Nava Bharali @ Sumu shall be set at liberty forthwith on deposit of fine of Rs. 500/- in the Court of learned Assistant Sessions Judge, Dibrugarh if his further detention is not needed in connection with any other case. Ordered accordingly. LCR be returned immediately.