Leave granted.
The appellant herein, along with one Vijay, were accused of commission
of an offence under Section 376(2)(g)of the Indian Penal Code and were both
sentenced to 10 years rigorous imprisonment and fine of Rs.5000/- each, in default
to suffer rigorous imprisonment for a further period of six months.
From the evidence on record, it appears that the role of the appellant
herein was different from the role of the other accused Vijay, in that the appellant
assisted Vijay in commission of rape and it was Vijay, who actually
committed such rape.
The appellant herein has already undergone 7 years, of the 10 years
imprisonment inflicted on him. Since his
case is different from that of Vijay, we are of the view that the period already
undergone is sufficient sentence as far as he is concerned.
We, accordingly, allow the appeal to the aforesaid extent, and reduce the
sentence of the appellant to the period already undergone.
The appellant be released from custody forthwith.
September 22, 2008.