State of U.P. vs Umashankar

G.S.N. Tripathi, J.—This is an appeal by the State of Uttar Pradesh against the judgment and order dated 4.10.78 passed by the Asstt. Sessions Judge, Jaunpur in S.T. No. 255 of 1977 of that District, whereby he convicted the accused on a charge u/s 376, I.P.C. and sentenced him to undergo one year''s R.I. and also to pay a fine of Rs. 200. In default of payment of fine, he was ordered to undergo R.I. for a further period of one month.

The charge against the accused was that on 26.12.75 at about 12 a.m. in village Deokali. P.S. Sujanganj, Distt. Jaunpur, he committed rape upon a minor girl Saroj. The learned trial Court after hearing the learned Counsel for the parties and perusing the record, found that the prosecution case against the accused was fully proved. He convicted the case u/s 376, I.P.C. and passed the sentence as noted above.

The State has filed this appeal aggrieved on the ground that the sentence awarded to the accused is very lenient.

The learned trial Judge has taken into consideration this fact that on the date of the judgment, the accused was about 16 years old. Whereas, on the date of occurrence, he was about 12-13 years of age. So it was virtually more a child''s play than an offence. He further considered this fact that if the boy, was placed amongst the hardened criminals for a long time, his future life may be spoiled. I think these are valid grounds which weighed with the learned trial Judge and it is not proper after such a long time to interfere with the same by sending the accused again to Jail.

The appeal has no force. It is accordingly dismissed.