Rajasthan High Court - Jodhpur
Roshan vs State Of Rajasthan (2025:Rj-Jd:29983) on 10 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:29983]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 297/2025
Roshan S/o Surajmal @ Suraliya Bawari, Aged About 37 Years,
R/o Ghasalo Ka Kheda, Thana Bhadsora, Dist. Chittorgarh,
Rajasthan. (At Present Lodged In Chittorgarh Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Siddharth Karwasra
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment 10/07/2025 Instant revision petition under Section 438/442 Cr.P.C. has been filed by the petitioner challenging the judgment dated 04.12.2024 passed by learned Additional Sessions Judge, Kapasan, District Chittorgarh in Cr. Appeal No.71/2023 (67/2022) by which the appellate court dismissed the appeal and upheld the judgment dated 31.05.2022, passed by the learned Judicial Magistrate, Kapasan, District Chittorgarh in Regular Cr. Case No.211/2021, whereby the learned trial court convicted and sentenced the petitioner as under :
S.No. Offence Sentence Fine Sentence in
default of fine
1. 457 IPC 3 year SI Rs.1,000/- 15 days SI
2. 380 IPC 3 year SI Rs.1,000/- 15 days SI
Both the sentences were ordered to run concurrently. Brief facts of the case are that on 12.03.2021, complainant Udi Bai submitted a written report at Police Station Akola about a (Downloaded on 10/07/2025 at 09:43:57 PM) [2025:RJ-JD:29983] (2 of 3) [CRLR-297/2025] theft committed at her house by some unknown miscreant. On this report, Police registered a case and started investigation. During investigation, Police arrested the petitioner.
On completion of investigation, the police filed challan against the accused-petitioner. Thereafter, the trial court took cognizance against the petitioner for offence under Sections 457, 380 IPC. Subsequently, charge was framed. The accused- petitioner denied the charge and claimed trial.
During the course of trial, the prosecution examined as many as nine witnesses and also exhibited certain documents in support of its case. Thereafter, statement of the accused-petitioner was recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide impugned judgment dated 31.05.2022 convicted and sentenced the accused-petitioner for offence under Sections 457, 380 IPC.
Aggrieved by his conviction and sentence, the petitioner preferred an appeal before the learned appellate court, which came to be dismissed vide judgment dated 04.12.2024. Hence this revision petition.
At the threshold, counsel for the petitioner does not challenge the finding of conviction but it is submitted that the occurrence relates back to year 2021 and the petitioner has so far suffered a sentence of more than one year and ten months, out of total sentence of three years SI. In such circumstances, it is prayed that the substantive sentence awarded to the accused- petitioner for the offence under Sections 457, 380 IPC may be reduced to the period already undergone by him. (Downloaded on 10/07/2025 at 09:43:57 PM)
[2025:RJ-JD:29983] (3 of 3) [CRLR-297/2025] On the other hand, the learned AAG opposed the submissions made by the learned counsel for the accused- petitioner and submitted that there is neither any occasion to interfere with the sentence awarded to the accused petitioner nor any compassion or sympathy is called for in the said case.
Heard learned counsel for the parties and perused the judgments passed by the courts below.
It is not disputed that the occurrence has taken place in the year 2021 and the accused-petitioner has so far undergone a period of more than one year and ten months incarceration, out of total sentence of three years S.I., and so also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the accused-petitioner has remained behind the bars for considerable time, it will be just and proper if the sentence awarded by the trial court for offence under Sections 457, 380 IPC and affirmed by the appellate court is reduced to the period already undergone by him.
Accordingly, the criminal revision petition is partly allowed. While maintaining the petitioner's conviction for offence under Sections 457, 380 IPC, the sentence awarded to him for aforesaid offence is hereby reduced to the period already undergone. The fine amount is also waived, if not deposited. The petitioner is in jail. He be released forthwith, if not required in any other case.
Application for suspension of sentence is also decided. The records of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J 98-MS/-
(Downloaded on 10/07/2025 at 09:43:57 PM) Powered by TCPDF (www.tcpdf.org)