Rajasthan High Court - Jodhpur
Hari Singh vs State (2023:Rj-Jd:42375) on 6 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:42375]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 422/1997
Hari Singh S/o Udai Singh, B/c Rajpur, R/o Udliyas Thana Kotari,
District Bhilwara (Raj.)
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. GR Punia, Sr. Adv. assisted by
Mr. Rajesh Punia
For Respondent(s) : Mr. AR Choudhary, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
06/12/2023
Application (1/2023) for early listing of the case is allowed
for reasons stated therein.
The matter is being heard and decided today itself.
Instant criminal appeal has been filed by the appellant
against the judgment dated 12.08.1997 passed by learned Special
Judge, Women Atrocities and Dowry Cases, Bhilwara in Sessions
Case No.148/1997 by which the learned Judge convicted and
sentenced the appellant as under :
Offence U/s 457 IPC : Two years' R.I. and a fine of Rs.1,000/-,
in default of payment to further undergo two month's additional
imprisonment.
Offence U/s 354 IPC : Two years' R.I. and a fine of Rs.1,000/-,
in default of payment to further undergo two month's additional
imprisonment.
All the sentences were ordered to run concurrently.
[2023:RJ-JD:42375] (2 of 3) [CRLA-422/1997]
Brief facts of the case are that on 10.09.1994, complainant
Kailash Kanwar submitted a report at PS Kotari to the effect that
yesterday at about 10:30 PM in the night, when she was sleeping
in her room, accused-appellant entered in the room and tried to
outrage her modesty. On raising a hue and cry, her family
members came to her rescue, upon which the accused-appellant
fled away. On this report, Police registered a case against the
appellant for offences under Sections 376 R/w Section 511, 354,
457 IPC and started investigation.
On completion of investigation, police filed challan against
the present appellant for aforesaid offences. Thereafter, the trial
court framed the charges. The accused-appellant pleaded not
guilty and claimed trial.
During the course of trial, the prosecution examined as many
as seven witnesses in support of its case and also exhibited some
documents. Thereafter, statement of the accused-appellant under
section 313 Cr.P.C was recorded.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 12.08.1997 convicted and sentenced
the accused appellant as aforesaid. Hence, this criminal appeal.
At the threshold, learned counsel for the accused-appellant
submits that he does not challenge the finding of conviction but
since the occurrence is related to the year 1994 and the accused
appellant has remained in custody for quite some time, therefore,
it is prayed that the sentence awarded to the appellant for the
aforesaid offences may be reduced to the period already
undergone by him.
[2023:RJ-JD:42375] (3 of 3) [CRLA-422/1997]
On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the appellant.
The learned PP submitted that there is neither any occasion to
interfere with the sentence awarded to the accused appellant 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 trial court regarding
conviction of the accused-appellant.
Undisputedly, the occurrence relates back to year 1994 and,
the appellant has so far remained in custody for quite some period
and has also suffered the mental agony and trauma of protracted
trial. Thus, looking to the over-all circumstances and the fact that
the appellant has remained behind the bars for quite some time, it
will be just and proper if the sentence awarded by the trial court
for offence under Sections 457, 354 IPC is reduced to the period
already undergone while maintaining the amount of fine.
Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction and sentence for offence under Sections
457, 354 IPC, the sentence awarded to him is reduced to the
period already undergone by him. The amount of fine is hereby
maintained. Three months' time is granted to deposit the fine
amount before the trial court. In default of payment of fine, the
appellant shall undergo seven days' R.I. The appellant is on bail.
He need not surrender. His bail bonds are discharged.
Record be sent back forthwith.
(MANOJ KUMAR GARG),J
101-MS/-
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