Full Judgment
Sobhag Mal Jain, J.
1. This appeal is directed against the judgment dated May 3, 1989, of the Additional Sessions Judge, Nohar, District Sri Ganganagar, convicting the appellant Under Section 376, IPC and sentencing him to 7 years rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine to 3 months further rigorous imprisonment.
2. Counsel for the appellant does not challenge the conviction. He has submitted that in the circumstances of the present case the sentence already undergone should be treated as sufficient. Learned Counsel in this connection sumbitted that the accused is a heart-patient and requires proper medical treatment which can not be given to him in jail. He has in this connection produced the medical certificate issued by Dr. R.S. Rathore, Physician & Senior CAS, Central Jail, Bikaner. The certificate shows that the accused is is suffering from AC Myocardial infraction.
3. The accused in jail since June 23, 1987, he is 52 years of age. He is not a previous convict. The discharge certificates issued by the Sardar Patel Medical College, Bikaner, where he was earlier treated, disclose that his disease was diagonised as acute extensive myocardial infraction. Further, the medical certificate issued by Dr. R.S. Rathore dated September 2, 1989, also shows that he is still undergoing treatment for A.C. Myocardial infarction. Looking to these circumstances the interference with quantum of sentence seems justified. The sentence already under gone by the accused, which is more than 2-1/2 years shall meet the ends of justice.
4. Accordingly, the appeal is partly allowed. The conviction of the accused for the offence Under Section 376, IPC is maintained. His sentence is how ever, reduced to (he one already under gone by him. The sentence of fine of Rs. 100/- is maintained. He shall deposit the fine within one month from today, failing which he shall undergo the sentence awarded to him in lieu of fine by the Additional Sessions Judge, Nohar.