wm^ymmswyw (- HEQH CQURT OF CHHATTISGARH AT BILASPUR Crimiaal Appeal No. 259/2003 APPELLANT VERSUS RESPQHDENT Matkhan Sio.gh, S/o Hiralal Sattiaiai aged about 21 years, R/o Kabratola P.S. Lormi Distdct BUaspur, State of Chhatdsgarh, through S.H.O. P.S. Lomii, District Bilaspur. MEMORANDUM OF CRIMZNAL APPEAL U/S 374(2t OF THB CODE OF CmMINAL PROCEDURE. (SB :Hoa'ble Mr. T.P.Sharma, J.) Present: Shri Vivek Shrivastava, Advocate for the appellant. Shri Raveendra Agrawal, P.L. for the State/respondent. ORAL-ORDER (Passedois 29/07/2008) 1. This appeal is directed agaiast tiie judgment of convictiou aiid order of sentence dated 23/12/2002 passed byAdditional Sessions Judge, (F.T.C.), MungeU, BUaspiirin S.T. No. 204/2001, whereby leamed Additional Sessions Judge has after holdisig fhe appeUaaLt giulty convicted for the offence punishable under Section 376(2) (^ read wifh Section 511 Indiao. Penal Code aiid seutenced to rigorous iaipnsouiiient for 10 years aad fine ofRs. 25,000/- ao.d m default ofpayment offme to further undergo additional rigorous iaiprisonm.ent for 3 years. 2. Shri Vivek Shrivastavay Advocate for the appeUaiit and Shri Raveendra Agrawal, P,L. for the State/respoudent are heard, 3. Record oftdal Court peiiised. 4. Dumig the course of arguxnents learaed couusel for fhe appellaiit subinits fliat appellaiit is ia custody smce 26/2/2001 and he has completed about 7 years aiid 5 months for fhe offence punishable under Section 376(2) (f) read with Section 511 ofthe Indian Penal Code. At the m^m^mm .,•:„—J.:...„,,,:.,:..—.•.1 -^- tmie of incident appeUaiit was aged about 19 years aad only he waut to argue on fhe question of sentence. 5. According to record of tdal Court appellaat was a teacher ia Kabratola School, Police Station Lonni Distiict Bilaspur. On date of offence is 19/10/2001 at about 2 p,ni. AppeUant was confined the 9 years aged girl Ku. Saatoshi Yadav ia the rooia of school and atteinpted to commit rape with her. Matter was reported on 23/2/2001, Victim was niedically examiiied by fhe (PW5)Dr. S, Jitpure, Redness was present over the vagina but no any ofher itijury were found on the basis of xaedical examiD.at[on, Doctor has opiaed fliat soinebody attenipted rape wifh. her, After aifordmg tlie opportunity ofhearing to the parties, learaed Additional Sessions Judge has convicted fhe appellaat and seutenced as aforeinentioned vide judgnient impugned. The findio-g of tdal Court is based cn ocular acid docuiuentaiy evidence sufficient for warraat conviction. Victhn (PW1) Saritoshi Bai categoricaUy deposed about tiie iacident supported by the niedical evideiice of (PW5) Dr. S. Jitpure, On careful examination fhe fmdmg of conviction of the appeUaat is based ou legal and clmchiag evidence, 6. It is argued on behalf of fhe appellaiit ttiat at the tiiue of iacident appeUaiit was aged about 19 years and he is iii custody aiid suffered substaative seutence of imprisonraent of7 years aad 5 nionfh.s. Takiag iato consideratiou fhe natare of offence, age of fhe appeUaat aiid sentence sufiered, fhe sentence already sufiered will be sufficient punishiiient for fhe offence aforeinentioned. AppeUant has conmiitted offence of attempt to commit rape with fhe girl aged about 9 years when he was aged about 19 years. "J- 7. Takmg mto consideration fhe nature of offeuce aiid sentence already suffered io. iny opinion fhe sentence already suffered would be sufficient punishiiient to the appeUaat. 8. Consequently, fhe appeal is partly allowed, Conviction is maiataiaed and sentence is modi&ed, AppeUaat is sentenced rigorous miprisonment for 7 years and 5 monttis aiid he has also suffered sentence of 7 years aad 5 niontlis aad fine aforexnentioned with these modi&cation fhe appeal staads disposed of Sd/- T.P. Sharma Judge -tt'