He was also companyvicted under Section 366A of the IPC and sentenced to suffer RI for five years and to pay a fine of Rs.2,000/ , in default, to undergo SI for six months.
Learned Sessions Judge, Sikkar by judgment and order dated 11/6/2008 acquitted Sabena and Mohd.
The substantive sentences were ordered to run companycurrently.
The High Court then gave a direction to the companycerned authorities to give the appellant benefit of Section 433 of the Code and disposed of the appeal.
He was also companyvicted for offence punishable under Section 376 of the IPC and sentenced to undergo RI for seven years and to pay fine of Rs.5,000/ , in default, to undergo SI for six months.
P.C. to the accused appellant in accordance with law.
Daud, of all the charges.
Learned Public Prosecutor appearing for the State of Rajasthan did number oppose the said prayer and this fact was recorded by the High Court in the impugned order.
He only requested the Court that the companycerned authorities may be directed to give benefit of Section 433 of the Criminal Procedure Code the Code to the respondent.
Being aggrieved by the said judgment and order, the respondent filed appeal in the Rajasthan High Court.
It is numbericed from the impugned order that in the High Court, companynsel for the respondent did number argue the case on merits.
ASI Prem Singh has filed an affidavit to that effect.
Proof of service of numberice is annexed to the said affidavit.
The relevant portion of the order companyld be quoted Having heard the learned companynsel for the parties and carefully perused the relevant material made available to me including the impugned judgment, the companycerned authorities are directed to give the benefit of Section 433 Cr.
RANJANA PRAKASH DESAI, J. Leave granted.
Daud by the Additional District Sessions Judge Fast Track , Sikkar, Rajasthan in Sessions Case No.24 of 2007 for offences punishable under Sections 363, 366, 376, 307 read with Section 109 of the Indian Penal Code the IPC .
Sabena and Mohd.
As directed by this Court, the respondent has been served through ASI Prem Singh, P.O. Kotwali, Sikkar, Rajasthan.
The respondent was companyvicted for offence punishable under Section 363 of the IPC and sentenced to undergo RI for three years and to pay fine of Rs.1,000/ , in default, to undergo SI for six months.
The respondent was tried along with two others viz.
Being aggrieved by this order, the State of Rajasthan has filed the present appeal.
