BUDHU MEENA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the Sessions Judge, Sawai Madhopur camp at Gangapur City in Sess. case No. 37/1980, whereby he convicted and sentenced the accused-appellant for the offence under Sec. 376/511, Penal Code to 31/2 years' R. I. with a fine of Rs. 300.00 (in default, 3 month's R.I.).

(2.) Since the learned counsel for the accused-appellant did not challenge the conviction of the accused-appellant, it would be of no use to narrate the facts of the case. However, the learned counsel for the accused-appellant submitted that the age of accused-appellant on the date of occurrence was in between 17-22 years as is stated by the doctor (PW2) and the accused appellant, himself has stated his age as 22 years in his statement recorded under Sec. 313, Crimial P.C. and the Court estimated his age as 25 years.

(3.) In this view of the matter, the learned counsel for the accused-appellant submitted that a lenient view should be taken in the matter of reduction of the sentence keeping in view the afflux of time in between the date of occurrence and pendency of this appeal.