Allahabad High Court High Court

Rakesh Kumar vs State Of U.P. on 7 July, 2010

Allahabad High Court
Rakesh Kumar vs State Of U.P. on 7 July, 2010
Court No. - 41

Case :- CRIMINAL REVISION No. - 309 of 1987

Petitioner :- Rakesh Kumar
Respondent :- State Of U.P.
Petitioner Counsel :- V. Bahuguna,A.K. Shukla,Dinesh Dwivedi,J.P.
Singh,Rakesh Dwivedi,S.D. Katiyar,S.D. Kautilya
Respondent Counsel :- A.G.A.

Hon'ble Ram Autar Singh,J.

Heard learned counsel for the revisionist and learned A.G.A. for the
respondent.

Learned counsel for the revisionist has advanced his argument on the point of
sentence and submitted that the revisionist has already under gone
imprisonment of three months in this case on different occasions and thus
same will meet the ends of justice.

A perusal of record goes to show that the appellant was held guilty by the IInd
Additional Session Judge , Bijnor in S.T. NO. 115 of of 1985, State Vs
Rakesh Kumar under section 376 I.P.C. P.S. Sheohara, District Bijnor and he
was sentenced to undergo R.I. for four years, against which a criminal appeal
no. 39 of 1986 was filed before the Sessions Judge, Bijnor. Learned Sessions
Judge, Bijnor allowed the appeal partly and the appellant’s conviction under
section 376 I.P.C. was confirmed but the sentence was reduced for six months
R.I..

Considering the contention of the learned counsel for the revisionist, the
revision is partly allowed and the sentence of the revisionist is reduced for
three months R.I. The period already gone by the revisionist is liable to be
adjusted under the provisions of law.

Let a copy of this order be sent to the trial court concerned for compliance.

Order Date :- 7.7.2010
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