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CASE NO.: Appeal (crl.) 1479  of  2001.

PETITIONER: GOPAL CHANDRAS @ GOPAL CHANDRA & ANR.

       Vs.

RESPONDENT: STATE OF BIHAR

DATE OF JUDGMENT:       02/02/2001

BENCH: Umesh C. Banerjee & Doraiswamy Raju.

JUDGMENT:

D E R L...I...T.......T.......T.......T.......T.......T.......T..J

Delay condoned.

Leave granted.

   In  this matter, notice was also issued for  enhancement of  the  sentence, having due regard to the gravity  of  the offence.   The  contextual facts depict that the  appellants were  charged pursuant to the complaint, filed by one  Amita Bhatt, a resident of a refugee colony in Champaran District, that  she was raped by the appellants in the night when  her husband was away.  Learned Sessions Judge while dealing with the  matter  on  the  basis of  the  overwhelming  materials available  on record, convicted the appellants herein  under Section   376  I.P.C.   and   sentenced  them  to   rigorous imprisonment  for 5 years.  On appeal, however, the  learned Single Judge of the High Court, though found no merit in the appeal, but reduced the sentence to three years imprisonment on  the  ground that the occurrence is of the year 1983  and the  same is sufficient to meet the ends of justice.  It was in this context that this court was pleased to entertain the SLP and to issue notice therein, subject to the proposal for enhancement enhancement of punishment as noticed above.

   Upon hearing the learned counsel on either side, we also do  record our concurrence of the finding of the High  Court that  there is no merit in the appeal.  As such, the  appeal is dismissed.

   As  regards  the  sentence, we regret  to  observe  that despite  having found no merits in the appeal the High Court should  have  interfere  with the quantum  by  reducing  the sentence  to  three years merely for the reason of lapse  of time  due  to  pendency  of proceedings  at  various  stages particularly,  High  Court awaiting disposal of the  appeal. In  the  facts  of the matter under consideration  when  the offence  charged is a serious one against an helpless  woman by  committing  a social evil, the question of  showing  any further  leniency to the accused does not and cannot  arise. The reduction of sentence thus made by the High Court of the

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sentence imposed by the Trial Court which itself is found to be on the lenient side, stands set aside and quashed and the sentence  imposed  by the trial court stands restored.   The Authorities  will  take  steps to ensure  that  the  accused undergoes the balance of sentence.