New Delhi, May 18 (ILNS): The Supreme Court today deferred the hearing on the commutation of sentence of a rape convict to Friday, as the Counsel of the convict did not produce the Judgement of the Trial Court, so as to determine whether the sentence ordered by the Trial Court was concurrent or consecutive in nature.
The Bench of Justice Dinesh Maheshwari and Justice Anirudh Bose were hearing the matter of a rape convict, who has undergone 13 years and two months of imprisonment and was allegedly undergoing additional imprisonment for not paying the fine, which was imposed by the Trial Court.
The verdict of the Trial Court was to be produced before the Bench of the apex court.
The Additional Advocate General of Uttar Pradesh Government submitted, “The maximum sentence under Section 376 IPC is 10 years and had the sentence been concurrent, the appellant wouldvhave come out by this time.”
The petitioner had challenged the order of the Allahabad High Court, wherein the High Court had partly allowed the appeal by modifying the sentence of the Trial Court, stating, “Additional imprisonment imposed by the Trial Court against the petitioner, in default of payment of fine, is quite disproportionate and ends of justice will be served, if the appellant-accused is sentenced to additional imprisonment of one month, three months and five months, in default of payment of fine imposed by learned trial court under Sections 363, 366, 376(1) IPC, respectively. Accordingly, the appeal deserves to be partly allowed.”
The prosecution case is that a girl of 13 years had gone to school on 15th January and she didn’t returned therefore her father filed a complained to the Police Station. After running pillar to post, father of victim girl got the information that victim-girl has been enticed away by Fahimuddin. Thereafter, a case under section 363, 366, 376 of IPC was lodged Fahimuddin and present petitioner (who was the co-accused).
Thereafter, the trail court after examining the witness of the prosecution and after hearing the accused held that Sunil Kumar- Petitioner is guilty under section 363, 366 and 376. ILNS/ABV/KY/SS/RJ