- (1.)Leave granted.
(2.)The respondent was tried along with two others viz. Sabena and Mohd. Daud by the Additional District & Sessions Judge (Fast Track), Sikkar, Rajasthan in Sessions Case No.24 of 2007 for offences punishable under Sections 363, 366, 376, 307 read with Section 109 of the Indian Penal Code ("the IPC"). Learned Sessions Judge, Sikkar by judgment and order dated 11/6/2008 acquitted Sabena and Mohd. Daud, of all the charges. The respondent was convicted for offence punishable under Section 363 of the IPC and sentenced to undergo RI for three years and to pay fine of Rs.1,000/-, in default, to undergo SI for six months. He was also convicted under Section 366A of the IPC and sentenced to suffer RI for five years and to pay a fine of Rs.2,000/-, in default, to undergo SI for six months. He was also convicted for offence punishable under Section 376 of the IPC and sentenced to undergo RI for seven years and to pay fine of Rs.5,000/-, in default, to undergo SI for six months. The substantive sentences were ordered to run concurrently.
(3.)Being aggrieved by the said judgment and order, the respondent filed appeal in the Rajasthan High Court. It is noticed from the impugned order that in the High Court, counsel for the respondent did not argue the case on merits. He only requested the Court that the concerned authorities may be directed to give benefit of Section 433 of the Criminal Procedure Code ("the Code") to the respondent. Learned Public Prosecutor appearing for the State of Rajasthan did not oppose the said prayer and this fact was recorded by the High Court in the impugned order. The High Court then gave a direction to the concerned authorities to give the appellant benefit of Section 433 of the Code and disposed of the appeal. The relevant portion of the order could be quoted:
"Having heard the learned counsel for the parties and carefully perused the relevant material made available to me including the impugned judgment, the concerned authorities are directed to give the benefit of Section 433 Cr.P.C. to the accused appellant in accordance with law."