Dinesh vs State of Haryana

Surinder Gupta, J.—At the very outset, learned counsel for the appellant has confined the relief claimed in the appeal for leniency in the quantum of sentence awarded to the appellant without challenging his conviction for the offence u/s 452 and 376 read with Section 511 Indian Penal Code (for short ''IPC'') on merits.

As per the prosecution, the occurrence took place on 08.07.2012 at about 7.00 a.m., when the complainant on hearing the cry of his daughter, was attracted towards his house and through the door closed from inside, he saw the appellant trying to commit rape upon his daughter aged three and half years. On his raising noise, the appellant after leaving the daughter of complainant ran away from the spot. The occurrence was also witnessed by wife of the complainant.

Learned counsel for the appellant, while pressing for leniency in the quantum of sentence, has argued that he is not a previous convict and is the sole bread winner of the family. He is a young boy of age around 25 years. He has undergone imprisonment of about two years by now and has suffered for the offence committed by him.

Learned State counsel submits that the appellant has attempted to commit rape upon a minor girl and deserves no leniency in the matter of sentence awarded by the trial Court.

On going through the file, I find that the petitioner is not a previous convict and is a young boy. Keeping in view the facts and circumstances of the case, age and antecedents of the appellant, I am of the opinion that the interest of justice shall be fully met if the sentence of imprisonment awarded for the offence punishable u/s 376 read with Section 511 IPC is reduced from four years to three years. As such, the appeal is disposed of with modification of the sentence of imprisonment of appellant for the offence punishable u/s 376 read with Section 511 IPC from four years to three years The sentence of fine and the sentence for the remaining offence are maintained.

Copy of this order be sent to the trial Court and the Chief Judicial Magistrate, Narnaul.