Diwanun and Mohd Sharif the two accused persons were convicted under Section 457 Ranbir Penal Code and sentenced to 1½ years rigorous imprisonment and Rs. 50 fine or in default each of them to undergo a further term of three months rigorous imprisonment. On appeal the learned Additional Sessions Judge upheld the conviction and reduced the sentence of Sharif to six months rigorous imprisonment with a fine of Rs. 20 or in default to undergo an imprisonment for a further period of two months. The accused have come up in second appeal to this court. The facts are fully detailed in the judgment of the lower appellate court and it is hardly necessary to repeat them again. The learned counsel for the appellants did not advance any argument on behalf of Diwanun accused. He has frankly admitted that both the accused are properly convicted but urged on behalf of Mohd Sharif accused that the lower appellate court had reduced his sentence to six months on the ground that he is a young man of 20 years of age and secondly that his case was very similar to that of Khurshid Alam who was given the benefit of section 562 of the Criminal Procedure Code and thus leniently treated by the trial magistr

Click Here to Read the rest of this document