Rajasthan High Court - Jodhpur
Ashok Kumar vs State (2023:Rj-Jd:43369) on 12 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:43369]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 555/2013
Ashok Kumar S/o Shri Maga Ram, B/c Kumahar, R/o Bankli
Village, Tehsil Sumerpur, District Pali.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. JVS Deora
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
12/12/2023
Instant criminal appeal has been filed by the appellant
against the judgment dated 29.06.2013 passed by learned
Additional Sessions Judge, Sumerpur, District Pali, in Sessions
Case No.51/2010 by which the learned Judge convicted and
sentenced the appellant as under :
Offence U/s 363 IPC : Three years' R.I. and a fine of
Rs.1,000/-, in default of payment of fine, further undergo three
months' Addl. S.I.
Offence U/s 366 IPC : Three years' R.I. and a fine of
Rs.1,000/-, in default of payment of fine, further undergo three
months' Addl. S.I.
Both the sentences were ordered to run concurrently.
Brief facts of the case are that on 23.02.2010, complainant
Ratan Lal (PW-2) submitted a complaint before the Judicial
Magistrate, Sumerpur against the present appellant and other
persons, which was sent for investigation to the concerned Police
Station. In the complaint, it was alleged that on 15/01/2010,
complainant's minor daughter went missing from the house and
[2023:RJ-JD:43369] (2 of 3) [CRLA-555/2013]
along with her, she took Rs.5,000/- and some jewellary. On
inquiry, the complainant came to know that in connivance with
other persons, accused-appellant enticed his daughter to marry
him. On this report, Police registered a case against the accused-
appellant for offences under Sections 363, 366, 120B, 406 IPC
and started investigation.
On completion of investigation, police filed challan against
the present appellant for aforesaid offences. Thereafter, the
charges for offence under Sections 363, 366 IPC were framed by
the trial court against the appellant, who pleaded not guilty and
claimed trial.
During the course of trial, the prosecution examined as many
as eight 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 29.06.2013 convicted and sentenced
the appellant for the offences 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 2010 and the accused
appellant has so far suffered a sentence of about three months, out
of total sentence of three years' R.I., 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.
On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the appellant.
[2023:RJ-JD:43369] (3 of 3) [CRLA-555/2013]
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 2010 and,
the appellant has so far undergone a period of three months
incarceration, out of total sentence of three years' R.I., 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 363, 366 IPC is reduced to the period
already undergone by the appellant while maintaining the amount
of fine.
Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction and sentence for offence under Sections
363, 366 IPC, the sentence awarded to him is hereby reduced to
the period already undergone. 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 three months' S.I. The appellant is on bail.
He need not surrender. His bail bonds are discharged.
Record be sent back forthwith.
(MANOJ KUMAR GARG),J
247-MS/-
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