Neutral Citation No. - 2025:AHC:130548 Court No. - 84 Case :- CRIMINAL APPEAL No. - 2369 of 1982 Appellant :- Chandrapal Singh Respondent :- State Counsel for Appellant :- Ashish Singh,Chandra Prakash Singh Counsel for Respondent :- A.G.A. Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the material on record. 2. This criminal appeal has been filed against the judgment and order dated 3.9.1982, passed by learned Additional Sessions Judge-IIIrd, Bijnor, by which appellant Chandrapal Singh was convicted and sentenced under Section 366 IPC for a period of three years rigorous imprisonment in Session Trial No. 18 of 1982 (State Vs. Chandrapal Singh) arising out of Crime No. 89 of 1981 under Section 366/376 IPC, Police Station Afzalgarh, District Bijnor. 3. Facts in brief are that victim was wedded to Puran Lal and had four children. As per allegation in the FIR by the husband Puran Lal, she was enticed away by the appellant on 14.7.1981 and then she was compelled to live with him in a Hut constructed in Jungle and physical relations were also established by the appellant with the victim under threat. The case was got registered by the husband Puran Lal. 4. After investigation, chargesheet was filed and after compliance of Section 207 Cr.P.C. the case was committed for trial. Learned trial court framed the charge against the appellant under Section 376/366 IPC, which was read over to him and explained but he denied the charge and claimed for trial. 5. The prosecution examined PW-1 Dr. Smt. Adarsh Pathaniya who conducted the medical examination of the victim, PW-2 Gopal, PW-3 Tahir, PW-4 Puran Lal, PW-5 Smt. Vimla (victim), PW-6 SI Pawan Singh (Investigating Officer) and PW-7 SI Dayaram Sharma. 6. After prosecution evidence, statement of appellant under Section 313 Cr.P.C. was recorded in which he told the incident to be false and stated that he was implicated falsely in the present case. 7. Learned trial court, after hearing the prosecution as well as the defence and on the basis of material on record, convicted the appellant under Section 366 IPC and sentenced as aforesaid, against which present appeal has been preferred. 8. It is submitted by learned counsel for the appellant that in this case the victim lived with the appellant for a period of four months without making any hue and cry, which implied that she was the consented lady and there was no any pressure on her either to go with appellant or to live with him for such a period. He further argues that the incident is said to have taken place on 14.7.1981 and after delay the FIR was lodged by her previous husband Puran Lal. Now the appellant has become aged about 78 years and is suffering from old age ailments. From the date of arrest the appellant remained in jail about two months from 18.11.1981 to 7.1.1982. After elapse of 44 years it will be of no use to sent the appellant jail, therefore, request to reduce the sentence to the extent of period undergone. 9. Learned A.G.A. opposed the prayer as aforesaid and contended that the appellant was held guilty on the basis of evidence on record. There is no any illegality in the finding recorded by the learned trial court but he could not dispute the fact about the time gap and the age of the appellant. 10. On considering the facts and circumstances of the case, submissions made by learned counsel for the appellant as well as learned A.G.A., perusal of record and the judgment and order passed by the learned trial court, since the learned counsel for the appellant emphasized on the fact of age of the appellant and also the time gap from the date of incident and in view of the observations as made by Hon'ble Supreme Court in Hussainbhai Asgarali Lokhandwala Vs. State of Gujarat, dated 14 August 2024, passed in Criminal Appeal No. 1691 of 2023, this Court is of the considered opinion that since the incident took place on 14.7.1981 and till now about 44 years have elapsed and the appellant has become about 78 years old and is suffering from old age infirmities and also the fact that he has remained in jail from 18.11.1981 to 7.1.1982 and it will be of no use to send him to jail to serve about the sentence, therefore, it will serve the better purpose to reduce the sentence till the period undergone by him in jail. 11. Accordingly, this criminal appeal is partly allowed and the sentence awarded by the learned trial court is hereby reduced to the period already undergone by the appellant. He is on bail and he need not to surrender before the learned trial court and his personal bond is cancelled and sureties are discharged. 12. Copy of this judgment along-with original trial court record be transmitted to the Court concerned for necessary compliance. A compliance report be sent to this Court within two months. Office is directed to keep the compliance report on record. Order Date :- 4.8.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad