- (1.) We have heard the learned counsels for the parties.
(2.) The accused appellant has been convicted under Section 201 IPC by the learned trial Court and sentenced to undergo rigorous imprisonment for two years and fine of Rs.5,000/- with default stipulation. In Appeal, the High Court while convicting the accused appellant under Section 201 IPC enhanced the sentence to rigorous imprisonment for seven years and fine of Rs.7,000/- with default stipulation. In further appeal to this Court while one Hon'ble Judge had thought it proper to acquit the accused appellant for the offence under Section 201 IPC, the second Hon'ble Judge took the view that conviction of the accused appellant under Section 201 IPC was justified but the enhanced sentence of seven years was not. Accordingly, the sentence was reduced to a period of two years with fine as made by the learned trial Court.
(3.) The accused appellant has been released on bail by the order of this Court dated 10 th January, 2007 and at that point of time she had already undergone custody for a period of about two years and four months. The accused appellant, therefore, has served out the sentence even if we are to go by the order of the Hon'ble Judge of this Court convicting him.;