Cr.A. No. 603 of 2000. 15.11.2010 Present: Mr. R.K. Sharma, Sr. Addl. A.G. and Mr. Rajinder Dogra, Addl. A.G. for the appellant. Convict with Mr. S.D. Gill, Advocate. Heard the prosecution and the defence on the quantum of sentence. The convict has been held guilty of commission of offences under Sections 451, 363, 376 and 323 IPC. Whereas, it is submitted on behalf of the prosecution that the convict may be appropriately dealt with keeping in view the offences proved against him, the convict prays for leniency and compassion. According to him, his family comprises of his old father, wife, one daughter aged 12 years and two sons aged 10 and 8 years. The record reveals that the prosecutrix was aged about 6 years at the time of occurrence. It being so, the offence of rape committed by the convict falls under Section 376 (2) (f) IPC. In view of the above and taking into consideration the fact that though the offences proved against the convict are of very heinous nature and do not call for any leniency or compassion, but the fact remains that pursuant to his incarceration in jail his entire family and particularly his three minor children would be rendered to fend for themselves, the convict is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- under Section 376 IPC and in default in payment of fine to suffer further simple imprisonment for six months. He shall also suffer six months’ rigorous imprisonment and a fine of Rs. 1,000/- for the offence under Section 451 IPC and in default in payment of fine to suffer further simple imprisonment for one month. For offence under Section 363 IPC, the convict shall suffer rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-, failing which he shall suffer further :2: simple imprisonment for three months. Lastly, under Section 323 IPC, the convict is sentenced to one month’s rigorous imprisonment and to pay a fine of Rs. 500/- and in default to pay the fine to suffer further simple imprisonment for 15 days. All the substantive sentences, as above, shall run concurrently. The period spent by the convict in custody during investigation and trial, if any, shall be liable to be set off against the sentences passed against him today. Let jail warrant against the convict be prepared accordingly. (R.B. Misra) Judge. (V.K. Sharma) Judge. November 15, 2010. (cr)