- (1.) P. K. Jain, J. Heard SriVirendra Singh,learned Counsel for the revisionist and learned AGA.
(2.) REVISIONIST Parvin Singh was con victed by the trial Court under Section 377, IPC and was awarded sentence of 2 years' R. I. and fine of Rs. 1,000/- and in default of payment of fine to undergo fur ther imprisonment for 3 months. Appeal preferred by him was dismissed by the learned Sessions Judge, Bijnor by judg ment and order dated 4-10-82. Learned Counsel presses this revision on the question of quantum of sentence only. His contention is that the revisionist has been in jail for some time. The incident occurred in the year 1979 and now it is more than 18 years since the incident occurred. No useful purpose shall be served by sending the revisionist to jail. It is also contended that there is ho allega tion with regard to nature of the offence being committed by him subsequently. Learned AGA contends that heavy fine may be imposed. Appeal was dismissed on 4-10-82. The revisionist was released on bail by order dated 14-12-82. During the trial he also remained in jail for some time. He was taken into custody on 30-1 - 30 and was released on bail by order dated 11-2-80. Considering the fact that the appellant has already been in jail for about 3 months and that the incident occurred more than 18 years back no useful purpose shall be served by sending the revisionist to jail. In my view, the revision deserves to be partly allowed. Revision is partly allowed. Con viction of the appellant under Section 377, IPC is maintained. However, the order of sentence is modified and the revisionist is sentenced to imprisonment for the period already undergone and fine of Rs. 2,500/ -. In default of payment of fine the revisionist shall undergo imprison ment for the period of 4 months.
(3.) THE revisionist is granted 6 weeks' time from today to deposit the amount of fine. A certified copy of this order shall be supplied to the learned Counsel for the revisionist on payment of usual charges within 24 hours. Revision partly allowed. .;