Law: Criminal Procedure Code (V of 1898)

Section: 439

Law: Penal Code (XLV of 1860)

Section: 376, 511

Criminal Procedure Code (V of 1898) S. 439 read with Penal Code (XL V of 1860), Ss. 376 & 511 --Revision (criminal)-Sentence, enhancement of-Defenceless females intimidated and criminally assaulted by accused most mercilessly and against resistance-Crime of forcible violence of helpless women, held, to be severely dealt with-Sentences of 3 years and 6 months' R.I. for offences of rape and attempted rape enhanced to 5 years' and 3 years' R. I. respectively, in circumstances. [Sentence-Rape).                                                                                                                                           JUDGMENT SARDAR MOHAMMAD SHARIF KHAN, ACTG. C. J.----The two second appeals by Khalid and Ajaib convicts are made against the judgment given on appeal by the learned Sessions Judge, Mirpur on 29th November, 1980. A revision petition under section 439, Cr. P. C. is also filed by the State and the complainant for enhancement of the sentences which were awarded to Khalid and another by the Additional District Magistrate, Mirpur under sections 341, 375 and 376/511, Penal Code respectively. Khalid was sentenced to three years' rigorous imprisonment and a fine of Rs. 1,000 under section 376, P. C. and in default he is to undergo three months' rigorous imprisonment. 1-It was also convicted under section 341, P. C. and sentenced to six' months' rigorous imprisonment. Ajaib was convicted under section 341, P. C. and sentenced to six months' rigorous imprisonment. He was also convicted under section 511 with reference to section 376 of the Penal Code and sentenced to one year's rigorous imprisonment. No second appeals being competent, these are treated as revisions and so the terms appeals and the appellants hereinafter to be called as petitions and the petitioners. One…