Rajasthan High Court - Jodhpur
Chutra Ram vs State Of Rajasthan (2023:Rj-Jd:43745) on 14 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:43745]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 501/2023
Chutra Ram S/o Jeta Ram, Aged About 37 Years, B/c Bheel, R/o
Nohadiyo Ki Basti Sanvlore Police Station Chohtan, District
Barmer. (At Present Lodged In District Jail, Barmer)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
14/12/2023
Instant criminal appeal has been filed by the appellant
against the judgment dated 19.04.2023 passed by learned
Additional Sessions Judge No.2, Barmer, in Session Case
No.64/2015 (142/2013) by which the learned Judge convicted and
sentenced the appellant as under :
Offence U/s 459 IPC: Three years' S.I. and a fine of Rs.5,000/-,
in default of payment of fine, to further undergo one month's S.I.
Offence U/s 323 IPC: Three months' S.I. and a fine of
Rs.1,000/-, in default of payment of fine, to further undergo seven
days' S.I.
Offence U/s 325 IPC : Three years' S.I. and a fine of
Rs.2,000/-, in default of payment of fine, to further undergo
fifteen days' S.I.
Offence U/s 354 IPC : Two years' S.I. and a fine of Rs.2,000/-,
in default of payment of fine, to further undergo fifteen days' S.I.
All the sentences were ordered to run concurrently.
Brief facts of the case are that on 18.07.2012, complainant
Smt. Makhni Devi submitted a written report before Police Station
Chohtan, District Barmer against the appellant inter-alia alleging
[2023:RJ-JD:43745] (2 of 3) [CRLAS-501/2023]
therein that on 15.07.2012 in the night, when she was alone in
the house, the appellant unauthorisedly entered into the house
and tried to commit rape with her. On raising hue and cry,
complainant's neighbors came to her rescue, upon which the
appellant fled away. On this report, Police registered a case
against the appellant for offences under Sections 458, 376/511
IPC and started investigation.
On completion of investigation, police filed challan against
the present appellant for offences under Sections 459, 450, 323,
376/511 IPC. Thereafter, the charges of the case 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 eleven 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 19.04.2023 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 2012 and the accused
appellant has so far suffered a sentence of about nine months and
three days, out of total sentence of three years' S.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.
[2023:RJ-JD:43745] (3 of 3) [CRLAS-501/2023]
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 2012 and,
the appellant has so far undergone a period of nine months and
three days incarceration, out of total sentence of three years' S.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 a considerable
time, it will be just and proper if the sentence awarded by the trial
court for offence under Sections 459, 323, 325, 354 IPC is
reduced to the period already undergone by the appellant.
Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction and sentence for offence under Sections
459, 323, 325, 354 IPC, the sentence awarded to him is hereby
reduced to the period already undergone. The fine amount is also
hereby waived. The appellant is in jail. He may be released
forthwith if not required in any other case.
Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
125-MS/-
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