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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1045    OF 2013 (@ SPECIAL LEAVE PETITION (CRL.) NO.5163 OF 2009)

JANDEL SINGH ...APPELLANT

VERSUS

STATE OF M.P.     ...RESPONDENT

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.

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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.