- (1.) This appeal is filed from the order of conviction and sentence dated 8th October, 2007 and 9th October, 2007 passed by the Additional Sessions Judge, 1st Track Court, Hooghly, in Sessions Trial No. 15 of 2007 arising out of Sessions Case No. 16 of 2007 whereby and whereunder the accused appellant was convicted and sentenced under Sections 365 and 376 of the Indian Penal Code (I.P.C) to suffer rigorous imprisonment for five years and to pay fine of Rs. 5000/-, in default to suffer rigorous imprisonment for three months in respect of the offence committed under Section 365 IPC and to suffer rigorous imprisonment for 10 years and pay fine of Rs. 10,000/-, in default to suffer rigorous imprisonment for six months for the offence under Section 376 IPC. The sentences were to run concurrently.
(2.) By the order of conviction and sentence, it was categorically stated that the period of detention undergone by the accused appellant during investigation and trial would be set off under Section 428 of the Code of Criminal Procedure (Cr,P.C). In view of the aforesaid, it appears that the accused appellant has already suffered five years rigorous imprisonment for the offence under Section 365 IPC and also 10 years rigorous imprisonment for the offence under Section 376 IPC.
(3.) At that stage counsel for the accused appellant submits that imposition of fine imposed will cause grave hardship to the accused appellant and relief in respect thereof be granted. This cannot be done at this stage and the appeal has to be considered in its proper perspective as filed.;