Rajasthan High Court - Jodhpur
Rama And Anr vs State on 25 May, 2022
Bench: Pushpendra Singh Judge)
(1 of 3) [CRLR-55/2001]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 55/2001
Rama And Anr
----Petitioner
Versus
State
----Respondent
For Petitioner(s) : Mr. Abhishek Charan
For Respondent(s) : Mr. SK Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
25/05/2022
1. The matter pertains to an incident which occurred in the year
1997 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 05.01.2001 passed by learned Special Judge SC/ST Cases
and Additional Sessions Judge, Pratapgarh in Criminal Appeal
No.51/2000, whereby the judgment dated 05.07.2000 passed by
learned Additional Civil Judge (J.D.) Cum- Judicial Magistrate,
Pratapgarh has partly allowed and while maintaining the
conviction of the petitioners for the offence under Section498-A
has reduced the sentence from one year S.I. to six months S.I.
alongwith a fine of Rs.300/-, in default of payment of which, they
were ordered to undergo further 10 days' S.I.
3. Learned counsel for the revisionist-petitioners further
submits that the sentence so awarded to the revisionist-
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petitioners was suspended by this Hon'ble Court, vide order dated
15.02.2001 passed in S.B. Criminal Bail Application No.11/2001.
4. Learned counsel for the revisionist-petitioners, however,
makes a limited submission that without making any interference
on merits/conviction, the sentence awarded to the present
revisionist-petitioners may be substituted with the period of
sentence already undergone by them.
5. Learned Public Prosecutor opposes the same.
6. 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."
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..."
7. In light of the limited prayer made on behalf of the
petitioners, and keeping in mind the aforementioned precedent
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laws, the present petition is partly allowed. Accordingly, while
maintaining the conviction of the petitioners for the offences under
Section 498-A IPC, the sentence awarded to them is reduced to
the period already undergone by them. The petitioners are on bail.
They need not surrender. Their bail bonds stand discharged
accordingly.
8. All pending applications stand disposed of. Record of the
learned below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
45-Sudheer/-
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