- (1.) Leave granted. In this matter, notice was also issued for enhancement of the sentence, having due regard to the gravity of the offence. The contextual facts depict that the appellants were charged pursuant to the complaint, filed by one Amita bhatt, a resident of a refugee colony in champaran District, that she was raped by the appellants in the night when her husband was away.
(2.) Learned Sessions Judge while dealing with the matter on the basis of the overwhelming materials available on record, convicted the appellants herein under Section 376,ipc and sentenced them to rigorous imprisonment for 5 years. On appeal, however, the learned Single judge of the High Court, though found no merit in the appeal, but reduced the sentence to three years' imprisonment on the ground that the occurrence is of the year 1983 and the same is sufficient to meet the ends of justice. It was in this context that this Court was pleased to entertain the Special Leave petition and to issue notice therein, subject to the proposal for enhancement of punishment as noticed above.
(3.) Upon hearing the learned counsel on either side, we also do record our concurrence of the finding of the High Court that there is no merit in the appeal. As such, the appeal is 161 dismissed.;