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Jandel Singh Vs. State of M.P.

[Criminal Appeal No. 1045 of 2013 @ Special Leave Petition (CRL.) No.5163 of 2009]

O R D E R

1. Delay condoned.

2. Leave granted.

3. This appeal is directed against the judgment and order passed by the High Court of Madhya Pradesh at Gwalior in Criminal Appeal No.294 of 2000, dated 01.04.2008. By the impugned judgment and order, the High Court has reduced the sentence of the appellant from 10 years rigorous imprisonment to 7 years rigorous imprisonment with fine for the offence punishable under Section 376 of the Indian Penal Code, 1860.

4. Ms. Asha G. Nair, learned counsel appearing for the appellant, submits that the appellant has already undergone the sentence so awarded by the High Court.

5. Placing on record the statement so made by the learned counsel for the appellant, we direct that the appellant be released forthwith if not required in any other case.

6. We clarify that, if, for any reason, the appellant has not completed the 7 years of sentence awarded by the High Court, we reduce the sentence to the period already undergone by the appellant.

7. This order shall not be treated as a precedent in any other case.

8. The Criminal appeal is disposed of accordingly.

Ordered accordingly.

...................J. (H.L. DATTU)

...................J. (M.Y. EQBAL)

NEW DELHI;

JULY 26, 2013.


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