Rajasthan High Court - Jodhpur
Shankar Lal vs State Of Rajasthan on 15 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1068/2018
Shankar Lal S/o Sh. Khiya Ram, Aged About 25 Years, B/c
Meghwal, Degana, Distt. Nagaur, Raj. (At Present Lodged In
Central Jail, Ajmer)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant : Mr. Zafar Khan
For Respondent : Mr. Arun Kumar, P.P. with
Ms. Kamla Goswami
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/11/2022
1. This Criminal Appeal under Section 374 Cr.P.C. has been
preferred claiming the following reliefs:
"It is therefore, most humbly and respectfully prayed
that this appeal may kindly be allowed and the impugned
judgment of conviction and sentence dated 13.08.2018 passed
by learned Special Judge, POCSO Act, Merta in Sessions Case
No.194/2016 (65/2014) may kindly be quashed and set aside
and the appellant may kindly be acquitted from the alleged
charges.
Any other appropriate order or relief may kindly be
passed in favour of appellant as this Hon'ble Court may deem
just and proper in the facts and circumstance of the case."
(2 of 4) [CRLAS-1068/2018]
2. The matter pertains to an incident which occurred in the year
2014 and the present appeal has been pending since the year
2018.
3. Learned counsel for the appellant submits that this Criminal
Appeal has been preferred against the impugned judgment dated
13.08.2018 passed by the learned Special Judge, P.O.C.S.O. Act
Cases, Merta in Sessions Case No.194/2016 (65/2014) whereby
the appellant was convicted and sentenced as under:-
Offence u/s. Sentence Fine Default
363 IPC 05 years' S.I. Rs.2000/- 01 month's S.I.
366-A IPC 10 years' S.I. Rs.5,000/- 03 months' S.I.
376 (2)(i) 10 years' R.I. Rs.10,000/- 06 months' S.I.
3/4 POCSO Act 10 year's S.I. Rs.10,000/- 06 months' S.I.
4. Learned counsel for the appellant submits that although the
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.135/2020 and S.B. Criminal Misc. II nd Suspension of Sentence
Application (Appeal) No. 603/2022 were dismissed by a
Coordinate Bench of this Hon'ble Court on 17.02.2020 &
09.09.2022 respectively, of the total sentence of 10 years
awarded to the present appellant, he has undergone a custody
period of about 08 years and 02 months and 19 days, as on date
09.11.2022.
5. Learned counsel for the appellant, however, makes a limited
submission that without making any interference on
merits/conviction, the sentence awarded to the present appellant
may be substituted with the period of sentence already undergone
by him.
6. Learned Public Prosecutor opposes the same.
(3 of 4) [CRLAS-1068/2018]
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."
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 appellant,
and keeping in mind the aforementioned precedent laws, the
present appeal is partly allowed. Accordingly, while maintaining
the appellant's conviction under Sections 363, 366-A, 376(2)(i)
IPC and Section 3/4 of POCSO Act, as above and as the custody
report, dated 09.11.2022, produced before this Court today
reflects that the appellant has already completed a custody period
of 08 years 02 months & 19 days out of the total sentence of ten
years, this Court deems it fit and proper to reduce the sentence
awarded to the appellant to the period already undergone by him.
He shall be released forthwith if not required in any other case.
(4 of 4) [CRLAS-1068/2018]
9. All pending applications stand disposed of. Record of the
learned court below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI),J
3-Nirmala
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