Kanwaljit Singh Ahluwalia, J. - (1.) BHANWAR Lal son of Heeralal was tried by the Court of Special Judge, Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act Cases, Sikar. The said court vide impugned judgment dated 21.10.2008 has held the appellant to be guilty of offences under Section 376 IPC and Sections 3(1)(XI) (XII) and 3(2)(V) of SC/ST (Prevention of Atrocities) Act and vide a separate order of even date, sentenced the appellant as under: - - "U/s. 376 IPC: Seven years rigorous imprisonment, to pay a fine of Rs. 100/ - and in default thereof to undergo 15 days simple imprisonment. U/s.3(1)(XI), SC/ST Act: One year rigorous imprisonment, to pay a fine of Rs. 100/ - and in default thereof to undergo 15 days simple imprisonment. U/s.3(1)(XII), SC/ST Act: One year rigorous imprisonment, to pay a fine of Rs. 100/ - and in default thereof to undergo 15 days simple imprisonment. U/s. 3(2)(V), SC/ST Act: Life imprisonment, to pay a fine of Rs. 100/ - and in default thereof to undergo 15 days simple imprisonment. (All the sentences were ordered to run concurrently)"
(2.) IT is to be noted that the appellant was acquitted for offences under Sections 366, 328, 344, 506 and 379 IPC. Case of the prosecution is that the appellant had taken away the prosecutrix (name withheld to protect her identity), aged 19 years, who was married with Rakesh Kumar, caste Balai, resident of Purohit Ji Ki Dhani. It has come in evidence that the appellant came to the matrimonial house of the prosecutrix and stated that her father had met with an accident and took her in a taxi. It has also come in evidence that the appellant took prosecutrix to Jaipur from there in a train to Kolkata and from Kolkata to Delhi and at various places.
(3.) WE would have examined in detail whether offence under Section 376 IPC is made out or not, but Shri Deepak Soni learned counsel appearing for the appellant at the very outset has stated that since the appellant has already undergone 7 years and 10 months, he will not assail the conviction and sentence of the appellant under Section 376 IPC, but shall confine and limit his prayer to urge before this court that conviction and sentence of the appellant awarded by the trial court under the provisions of SC/ST (Prevention of Atrocities) Act is not warranted. Considering that appellant has undergone sentence more than, what is awarded under Section 376 IPC, we shall not carry the academic exercise, especially when counsel for the appellant is not willing to assail the conviction of appellant for offence of rape.;