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2008 Supreme(SC) 1179

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
STATE OF RAJASTHAN – Appellant
Versus
GAJENDRA SINGH – Respondent


ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) SINCE, the only question involved in this appeal is whether learned Single Judge was right in reducing the sentence, as imposed by the trial court on respondent, detailed reference to the factual aspects is unnecessary.

( 3 ) RESPONDENT faced trial for alleged commission of offences punishable under Sections 376, 323 and 341 of the indian Penal Code, 1860 (in short 'the IPC' ). He was sentenced to undergo rigorous imprisonment for 10 years, six months and six months respectively for the aforesaid three offences. Additionally, fine was imposed in each case with default stipulations.

( 4 ) RESPONDENT filed an appeal before the High Court questioning correctness of the judgment passed by the learned Additional Sessions Judge, Fast Track Court No. 3, bharatpur, in Sessions Case No. 30 of 2002. By the impugned judgment, the High Court directed the sentence to be reduced to a period of five years rigorous imprisonment for the offence relatable to Section 376 IPC and also reduced the sentence of six month's simple imprisonment to one month's simple imprisonment in the case of Section 341 IPC, as according to the High Court, the same was the max

























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