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NON-REPORTABLE IN THE SUPREME COURT OF INDIA  CRIMINAL APPELLATE JURISDICTION  

CRIMINAL APPEAL NO. 1655 OF 2015 (Arising out of Special Leave Petition (Crl.) No(s).9245/2013)

ALI HASAN @ MALLAH                                 APPELLANT(S)                                

 VERSUS

STATE OF UTTARAKHAND                               RESPONDENT(S)

J U D G M E N T KURIAN ,J.

Leave granted.  

Heard learned counsel appearing for the appellant and learned  counsel appearing for the respondent-State.  

The appellant is aggrieved by the conviction under Sections  376 and 506 of the Indian Penal Code,1860 (for short 'IPC') and  sentence  of  ten  years  and  one  year  respectively  with  default  clause. Having regard to the facts and circumstances of the present  case, We are of the considered view that hearing of the appeal be  limited to quantum of sentence. Neither the Trial Court nor the  High Court has given any indication for the award of ten years  under Section 376 IPC. Having regard to the facts of the case, we  are of view that ends of justice would be met by limiting the  sentence to the prescribed minimum. Therefore, the sentence under  Section 376 is modified to the prescribed minimum of seven years.

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We make it clear that no other modification is made in the sentence  under Section 506 or in the default clause. However, the sentences  shall run concurrently.  

The appeal is partly allowed as above.   

......................J. [KURIAN JOSEPH]

......................J.          [ARUN MISHRA]

NEW DELHI; DECEMBER 08,2015