Rajasthan High Court - Jodhpur
Laxminarain vs State on 18 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-724/2001]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 724/2001
Laxminarain
----Petitioner
Versus
State
----Respondent
For Petitioner(s) : Mr. Keshav Bhati (Amicus Curiae)
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
18/05/2022
1. The matter pertains to an incident which occurred in the year
1993 and the present criminal revision has been pending since the
year 2001.
2. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 26.11.2001 passed by learned Additional District & Sessions
Judge No.2, Jodhpur in Criminal Appeal No.17/2001, whereby the
judgment dated 03.05.2001 passed by the learned Judicial
Magistrate, First Class No.5, Jodhpur in Criminal Case No.328/98,
convicting the revisionist-petitioner was upheld. The petitioner was
convicted for the offences under Sections 363 and 377 IPC and
was sentenced as under:-
Section 363 IPC: One year's R.I. and a fine of Rs.1000/- in default
of payment of which, he was ordered to under further one month's
S.I.
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(2 of 3) [CRLR-724/2001]
Section 377 IPC: Two years' R.I. and a fine of Rs.2000/- in default
of payment of which, he was ordered to undergo further three
months' S.I.
3. Learned counsel for the revisionist-petitioner further submits
that the sentence so awarded to the revisionist-petitioner was
suspended by this Hon'ble Court, vide order dated 07.12.2001.
4. Learned counsel for the revisionist-petitioner, however,
makes a limited submission that without making any interference
on merits/conviction, the sentence awarded to the present
revisionist-petitioner may be substituted with the period of
sentence already undergone by him.
5. Learned Public Prosecutor opposes the same.
6. After hearing learned counsel for the parties and perusing
the record of the case, this Court finds that the petitioner was only
19 years of age at the time of incident and it was his first offence.
Looking into the under age of the petitioner, his conviction be
substituted with the period already undergone by him.
7. This Court is conscious of the judgments rendered in,
Alister Anthony Pareira Vs. State of Maharashtra (2012) 2
SCC 648 and Haripada Das Vs. State of W.B. (1998) 9 SCC
678 wherein the Hon'ble Apex Court observed as under:-
Alister Anthony Pareira (Supra)
"There is no straitjacket formula for sentencing an accused
on proof of crime. The courts have evolved certain
principles: twin objective of the sentencing policy is
deterrence and correction. What sentence would meet the
ends of justice depends on the facts and circumstances of
each case and the court must keep in mind the gravity of
the crime, motive for the crime, nature of the offence and all
other attendant circumstances."
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(3 of 3) [CRLR-724/2001]
Haripada Das (Supra)
"...considering the fact that the respondent had already
undergone detention for some period and the case is
pending for a pretty long time for which he had suffered
both financial hardship and mental agony and also
considering the fact that he had been released on bail as far
back as on 17-1-1986, we feel that the ends of justice will
be met in the facts of the case if the sentence is reduced to
the period already undergone..."
8. In light of the limited prayer made on behalf of the
petitioner, and keeping in mind the aforementioned precedent
laws, the present petition is partly allowed. Accordingly, while
maintaining the conviction of the petitioner for the offences under
Sections 363 and 377 IPC, the sentence awarded to him is
reduced to the period already undergone by him. The petitioner is
on bail. He need not surrender. His bail bonds stand discharged
accordingly.
9. All pending applications stand disposed of. Record of the
learned below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
40-Zeeshan
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