IN THE HHIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.Cr.Appeal.No.1188/2003. Sukhadia @ Sukh Lal @ Mohan Versus. State of Rajasthan. Date of Judgment: 21.5.2009. Hon'ble Mr.Justice Mahesh Chandra Sharma. Mr.G.S.Gautam for Mr.Ali Mohammed Khan for the appellant. Mr.Piyush Kumar P.P. This appeal has been filed by the accused appellant against the judgment and order dated 14.8.2003 passed by the Addl.Sessions Judge (Fast Track) No.4 (Camp Aklera), District Jhalawar in Sessions Case No.75/2003 whereby he convicted the accused appellant for the offence under Section 376 IPC and sentenced him for for 10 years Rigorous Imprisonment with fine of Rs.1000/- in default of payment of fine, to undergo one year rigorous imprisonment. ..2.. The brief facts of the case are that the complainant Kumari Sammi Bai had lodged an oral report to police station Aklera on 15.9.2001 stating therein that she was going to take water at hand pump at 8.A.M then the accused appellant caught her and committed rape with her. On the basis of aforesaid report, the police registered a case FIR No.200/2001 for offence under Section 376 IPC. After investigation the police submitted a charge sheet against the accused for offence under Section 376 IPC before the court of Chief Judicial Magistrate, Aklera who committed the case to the court of Addl.Sessions Judge Aklera. The learned Addl.Sessions Judge Aklera transferred the case to the Court of Addl.Sessions Judge (Fast Track)No.4, Jhalawar who framed charges against the accused appellant under ..3.. Section 376 IPC. The charges were read over and explained to the accused appellant who denied all the allegations and claimed for trial. The statement of accused appellant was recorded under Section 313 Cr.P.C. After hearing both the sides, the trial court convicted and sentenced the accused appellant as stated above. In this appeal during the course of arguments, Mr.G.S.Gautam Advocate appearing on behalf of the accused appellant has submitted that there are certain grounds upon which the accused appellant could be acquitted through this appeal, but the accused appellant has remained in judicial lockup from the last 6 years 3 months and 4 days, therefore, he does not want to challenge the conviction part of the ..4.. judgment of trial court, but he is only requesting to this Court that the appellant should be released for the period already undergone, if not, the sentence should be reduced and the benefit of Section 432 IPC be given to the appellant. He further contended that the appellant is a young person and he further undertakes that he will not commit any such offence in future . Mr.Pradeep Srimal Public Prosecutor has controverted the arguments advanced by Mr.G.S.Gautam I have heard learned counsel for the accused appellant and the learned Public Prosecutor. I have also scanned the the judgment of the trial court and I find the appellant was rightly convicted under Section 376 IPC. Reasons given by learned trial ..5.. court are cogent and valid and I do not see any ground to differ from them. I therefore, maintain the conviction of appellant under Section 376 IPC but reduce the sentence from 10 years to 7 years. I further direct the State Government to order the concerning authorities of the Jail Department to give the benefit of Section 432 Cr.PC to the appellant in accordance with law. The remaining part of the judgment regarding fine as awarded by the trial court is maintained. This appeal is partly allowed and the judgment and order dated 14.8.2003 passed by Addl. Sessions Judge (Fast Track) No.4, (Camp Aklera) District Jhalawar in Session Case No.75/2003 is modified to the extent as indicated above. (Mahesh Chandra Sharma)J. k.