Rajasthan High Court - Jodhpur
Vikram Singh @ Dan Singh vs State (2023:Rj-Jd:42516) on 6 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:42516]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 103/2016
Vikram Singh @ Dan Singh S/o Pabudan Singh, Aged 27 years,
B/c Rajput, R/o Girab, PS Girab, District Barmer (Raj.)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Rameshwar Dave
For Respondent(s) : Mr. AR Choudhary, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
06/12/2023
Instant revision petition has been filed by the petitioner
challenging the judgment dated 24.11.2015 passed in Cr. Appeal
No.10/2015 (6/2015) by learned Addl. Sessions Judge, Balotra
(hereinafter referred to as 'the appellate court') by which the
appellate court partly allowed the petitioner's appeal and while
affirming the conviction of the petitioner, reduced his sentence
passed by learned Judicial Magistrate, Balotra vide judgment
dated 19.02.2015 in Cr. Regular Case No.477/2014. Details of the
sentence as reduced by the appellate court for offence under
Sections 457 & 380 IPC are as under :
Offence U/s 457 IPC : One year & six months' S.I. and fine of
Rs.500/-, in default of payment of fine, to further undergo fifteen
days' S.I.
Offence U/s 380 IPC : Six months' S.I. and a fine of Rs.500/-,
in default of payment of fine, to further undergo fifteen days' S.I.
[2023:RJ-JD:42516] (2 of 4) [CRLR-103/2016]
All the sentences were ordered to run concurrently.
Brief facts of the case are that complainant Bhoma Ram
submitted a report before the PS Sindhari, Barmer against
unknown persons to the effect that on 19.02.2014 in the evening,
after having dinner, he along with his family members went to
sleep after locking the main door of the house. In the next
morning, he found the door of the room open and household
articles were scattered in the room and ornaments were missing.
The complainant alleged that some unknown persons committed
theft in his house. On this report, Police registered a case against
unknown persons for offence under Sections 457, 380 IPC and
started investigation. During investigation, the petitioner was
arrested by the Police.
After completion investigation, the police filed challan against
the present petitioner and other accused-persons. Thereafter, the
trial court framed charges against the petitioner for offences under
Sections 457, 380 IPC, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as 11 witnesses in support of its case and exhibited some
documents. Thereafter, statement of the accused-petitioner under
section 313 Cr.P.C was recorded. No witness was examined in
defence.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 19.02.2015 convicted and sentenced
the accused-petitioner for aforesaid offence.
Being aggrieved by his conviction and sentence, the
petitioner preferred an appeal before the learned appellate court.
[2023:RJ-JD:42516] (3 of 4) [CRLR-103/2016]
The learned appellate court partly allowed the appeal vide its
judgment dated 24.112015 and while maintaining the conviction
of the petitioner for offence under Sections 457 & 380 IPC,
reduced his sentence. Hence, this revision petition.
At the threshold, learned counsel for the accused-petitioner
submits that he does not challenge the finding of conviction but
since the occurrence is related to the year 2014 and out of total
sentence of one year & six months' S.I., the accused petitioner
has already served eight months' of imprisonment, therefore, it is
prayed that the sentence awarded to petitioner for the aforesaid
offences may be reduced to the period already undergone by him.
On the other hand, learned Public Prosecutor opposed the
submissions made by the learned counsel for the accused-
petitioner and submitted that there is neither any occasion to
interfere with the sentence awarded to the accused petitioner nor
any compassion or sympathy is called for in the said case.
I have perused the evidence of the prosecution as well as
defence and the judgment passed by the courts below regarding
conviction of the accused-petitioner.
Undisputedly, the incident relates back to the year 2014 and
the petitioner has so far undergone a period of eight months in
custody out of one year & six months of total sentence, so also
suffered the mental agony and trauma of protracted trial. Thus,
looking to the over-all circumstances and the fact that the
petitioner has remained behind the bars for eight months, it will
be just and proper, if the sentence awarded by the trial court for
offence under Sections 457 & 380 IPC and as reduced by the
appellate court is reduced to the period already undergone by the
[2023:RJ-JD:42516] (4 of 4) [CRLR-103/2016]
petitioner while maintaining the fine amount as imposed by the
appellate court.
Accordingly, the revision petition is partly allowed. While
maintaining the petitioner's conviction for offence under Sections
457 & 380 IPC, the sentence awarded to him for the aforesaid
offences is hereby reduced to the period already undergone. The
fine imposed by the appellate court is hereby maintained. Three
months' time is granted to deposit the fine amount before the trial
court. In default of payment of fine, the petitioner shall undergo
fifteen days' simple imprisonment. The petitioner is on bail. He
need not surrender. His bail bonds stand discharged.
The record of trial Court as well as the appellate court be
sent back forthwith.
(MANOJ KUMAR GARG),J
314-MS/-
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