THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL REVISION CASE NO. 535 OF 2022
ORDER:
Heard the submission of learned counsel for the petitioner as well as the learned Assistant Public Prosecutor.
2. Challenge in this Criminal Revision Case is the judgment that is rendered by the Court of Special Judge for Trial of Offences under SCs & STs (Prevention of Atrocities) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad, in Criminal Appeal No.103 of 2020, dated 08.07.2022.
3. Learned counsel for the petitioner submits that the petitioner is arrayed as accused in S.T.C.No.8030 of 2019 that stood pending on the file of the Court of XV Special Metropolitan Magistrate, Secunderabad. The petitioner was charged for the offence punishable under Section 323 I.P.C. The petitioner, under an impression that he would be sentenced to pay fine, voluntarily admitted the guilt, however, the Court below sentenced the petitioner on his plea of guilty to undergo Simple Imprisonment for five days and to pay a Dr.CSL, J Crl.R.C.No. 535 of 2022 2 fine of Rs.1,000/- for the offence punishable under Section 323 I.P.C. and further he was sentenced to pay a fine of Rs.50/- for the offence punishable under Section 70-B of the City Police Act.
4. Learned counsel further submits that challenging the quantum of sentence imposed against him, the petitioner preferred appeal, but the appeal was also dismissed and, therefore, the petitioner is before this Court. Learned counsel states that the sentence imposed has to be reduced.
5. The submission of the learned Assistant Public Prosecutor is that basing on the facts and circumstances of the case, the trial Court sentenced the petitioner and the same is confirmed by the appellate Court.
6. The crux of the prosecution case is, that on 29.12.2019, while the de facto complainant was proceeding in a vehicle, the petitioner stopped the said vehicle, abused the de facto complainant and hit him on his face, due to which the de facto complainant received injury. As per the Wound Certificate issued by Gandhi Hospital, Secunderabad, the de facto complainant sustained an abrasion on the face.
Dr.CSL, J Crl.R.C.No. 535 of 2022 3
7. Section 323 I.P.C., prescribed punishment for voluntarily causing hurt. The punishment prescribed is imprisonment of either description for a term, which may extend to one year, or with fine, which may extend to one thousand rupees, or with both.
8. The contention of learned counsel for the petitioner is that the petitioner was under an impression that he would be sentenced to pay fine, but he was sentenced to undergo Simple Imprisonment for a period of five days, which is most unjustifiable.
9. Law does not make any distinguishment in passing of sentence in cases where the guilt of the accused is proved by the prosecution after trial or where the accused pleads guilty. However, due to advancement of time, the concept of plea bargaining is introduced and the said concept has gained a place in the Code of Criminal Procedure.
10. Having regard to the allegations laid and the nature of the case, this Court is of the view that the sentence can be reduced restricting the same to payment of fine of Rs.1,000/-
Dr.CSL, J Crl.R.C.No. 535 of 2022 4 for the offence punishable under Section 323 I.P.C., and without disturbing fine imposed for the offence punishable under Section 70-B of the City Police Act.
11. Resultantly, the Criminal Revision Petition is allowed in part. The sentence that was imposed upon the petitioner through the judgment rendered by the Court of XV Special Metropolitan Magistrate, Secunderabad, in S.T.C.No. 8030 of 2019, dated 31.12.2019, which was confirmed by the Court of Special Judge for Trial of Offences under SCs & STs (Prevention of Atrocities) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad, in Criminal Appeal No.103 of 2020, dated 08.07.2022, is modified. The petitioner is sentenced to pay fine of Rs.1,000/- for the offence punishable under Section 323 I.P.C., and in default of payment of fine to undergo Simple Imprisonment for a period of five days. The sentence imposed for the offence punishable under Section 70-B of the City Police Act, i.e. payment of fine of Rs.50/- remains disturbed.
12. Having regard to the fact that the petitioner has wasted the time of the trial Court, appellate Court and this Court, Dr.CSL, J Crl.R.C.No. 535 of 2022 5 having pleaded guilty for the offence punishable under Section 323 I.P.C., and thereafter challenging the sentence imposed, the petitioner is directed to pay costs of Rs.10,000/- (Rupees Ten Thousand only) to the High Court Bar Association, within a period of three days. On such payment, this order of modification of sentence would come into effect.
13. As a sequel, pending Miscellaneous Applications, if any, shall stand closed.
__________________________________________ DR. JUSTICE CHILLAKUR SUMALATHA Date: 25.08.2022 svl