SOBHAG MAL JAIN, J. - (1.) THIS appeal is directed against the Judgment dated. May 3, 1989, of the Additional Sessions Judge,nohar, District-Sri Ganga-nagar, convicting the appellant under Sec. 376 I. P. C. and sentencing him to 7 years R. I. and a fine of Rs. 100/- and in default of payment of fine to 3 months further R. I.
(2.) COUNSEL for the appellant does not challenge the conviction. He has submitted that in the circumstances of the present case the sentence already under-gane should be treated as sufficient. Learned counsel in this connection submitted that the accused is a heart-patient and requires proper medical treatment which can not be given to him in Jail. He has in this connection produced the medical certificate issued by Dr. R. S. Rathore, Physician and Senior C. A. S. , Centra! Jail, Bikaner. The certificate shows that the accused is suffering from A. C. Myocardial infection. The accused is in Jail since June 23, 1987, he is 52 years of age. He is not a previous convict. The discharge certificates issued by the Sardar Patel Medical College, Bikaner, where he was earlier treated, disclose that his disease was diagoriised as acute extensive myocardial infaction. Further the medical certificate issued by Dr. R. S. Rathore dated Sept. 2, 1989, also shows that he is still undergoing treatment for A. C. Myocardial infection. Looking to these circumstances the interference with quantum of sentence seems justified. The sentence already undergone by the accused, which is more than 2 1/2 years shall meet the ends of Justice. Accordingly, the appeal is partly allowed. The conviction of the accused for the offence under section 376 I. P. C. is maintained. His sentence is, however, reduced to the one already undergone by him. The sentence of fine of* Rs. 100/- is maintained. He shall deposit the fine within one month from to day, failing which he shall undergo the sentence awarded to him in lieu of fine by the Additional Sessions Judge, Nohar. .;