Allahabad High Court
Satyam Raidas vs State Of U.P. And Another on 25 August, 2021
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL REVISION No. - 1503 of 2021
Revisionist :- Satyam Raidas
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Shivakant
Hon'ble Rajiv Gupta,J.
The Criminal Revision has been filed against the judgment and order dated 1.2.2021 passed by Additional Sessions Judge/Fast Track Court IInd, Fatehpur, in Criminal Appeal No. 30 of 2017, Satyam Raidas & Another Vs. State of U.P., whereby the appellate Court had dismissed the appeal and affirm judgment and order dated 27.4.20216 passed by Chief Judicial Magistrate, Fatehpur, in Criminal Case No. 4086 of 2016, State Vs. Pankaj Kumar Balmiki & Others, convicting the revisionist-accused Satyam Raidas under Section 411 I.P.C. and sentenced him to undergo imprisonment for a period of one year and a fine of Rs. 1,000/-.
Heard learned counsel for the revisionist, learned A.G.A. for the opposite party-State and perused the record.
Learned counsel for the revisionists has submitted that the court below has not appreciated the evidence in right perspective and has acquitted the revisionist under Section 379 IPC but have convicted him under Section 411 IPC, hence in these circumstances, this Hon'ble Court may take lenient view and graciously modify the sentence awarded to him for the period undergone alongwith fine.
Learned counsel for the revisionist/applicant has next submitted that the revisionist/applicant has already under gone about seven months of imprisonment during course of trial and appeal.
Considering the law laid down by Apex Court in Ankush Shivaji Gaikwad Versus State of Maharashtra, reported in (2013) 6 SCC 770, this Hon'ble court may take a view of leniency and graciously modify the sentence awarded to revisionists to the period already undergone alongwith fine. In case this Hon'ble Court finds it desirable to enhance the fine, the revisionists will not treat the same as enhancement of sentence.
Having considered the submissions made by learned counsel for parties and the law cited above, I am of the view that sentence part of the impugned order dated 1.2.2021 is required to be modified.
In view of above, the quantum of sentence awarded to the accused-revisionist is modified and accused-revisionist is hereby sentenced for the period already undergone and the fine of Rs. 1,000/- imposed by the Trial Court is confirmed.
The fine shall be deposited by the accused-revisionist within 15 days from his release before the Trial Court. In default of payment of fine, the accused-revisionist shall undergo 15 days simple imprisonment.
A copy of this order be communicated to the Trial Court concerned for necessary compliance.
The revision is disposed of to the aforesaid extent.
Order Date :- 25.8.2021
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