Rajasthan High Court - Jodhpur
Sohan Lal vs State (2023:Rj-Jd:43807) on 14 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:43807]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 382/2017
Sohan Lal S/o Shri Bhera Ram, By Caste Bheel, R/o- Bhilo Ka
Bas, Banar, Jodhpur Presently Lodged In Central Jail Jodhpur
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
14/12/2023
In pursuance of the order dated 13.12.2023 passed by this
Court, today the petitioner is present in the Court, who has been
identified by his counsel and his presence is marked in the Court
file.
Instant revision petition under Section 397/401 Cr.P.C. has
been filed by the petitioner challenging the judgment dated
22.11.2016 passed by learned Addl. Sessions Judge No.5, Jodhpur, in
Criminal Appeal No.6/2016 by which the appellate court dismissed
the appeal of the petitioner and upheld the judgment dated
08.06.2016 passed by the learned Addl. Chief Judicial Magistrate
No.5, Jodhpur Metropolitan, in Regular Criminal Case No.1243/2013,
whereby, the learned trial court convicted and sentenced the present
petitioner as under :
Offence U/s 457 IPC : One years' S.I. and a fine of Rs.500/-, in
default of payment of fine, further undergo one month's S.I.
[2023:RJ-JD:43807] (2 of 4) [CRLR-382/2017]
Offence U/s 511 IPC : One years' S.I. and a fine of Rs.500/-, in
default of payment of fine, further one month's S.I.
Both the sentences were ordered to run concurrently.
Brief facts of the case are that on 08.08.2013 a written report
was made by complainant-Nathu Devi (PW-2) before the concerned
Police Station to the effect that in the intervening night of
08.08.2013 when she was sleeping in the house, appellant
unauthorizedly entered in her house to commit theft. On raising hue
and cry, appellant fled away. On this report, the police registered the
case against the accused appellant for offence under Sections 457
and 511 of IPC and started investigation.
On completion of investigation, the police filed challan against
the accused petitioner. Thereafter, the charges of the case were
framed against the accused-petitioner, who denied the charges and
claimed trial.
During the course of trial, the prosecution examined seven
witnesses and also exhibited various documents. Thereafter,
statement of the accused petitioner was recorded under section 313
Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 08.06.2016 convicted and sentenced the
accused-petitioner for offence as aforesaid.
Aggrieved by his conviction and sentence, the petitioner
preferred an appeal before the learned appellate court, which came
to be dismissed vide judgment dated 22.11.2016. Hence this revision
petition.
At the threshold, counsel for the petitioner does not challenge
the finding of conviction but it is submitted that the occurrence
[2023:RJ-JD:43807] (3 of 4) [CRLR-382/2017]
relates back to year 2013 and the petitioner has so far suffered a
sentence of about fifteen days, out of total sentence of one year's
S.I. In such circumstances, it is prayed that the substantive sentence
awarded to the accused-petitioner for the offence under Sections 457
and 511 IPC 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 accused-petitioner.
The learned PP 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.
It is not disputed that the occurrence has taken place in the
year 2013 and the accused-petitioner has so far undergone a period
of about fifteen days incarceration, out of total sentence of one
year's S.I., and so also suffered the mental agony and trauma of
protracted trial. Thus, looking to the over-all circumstances and the
fact that the accused-petitioner has remained behind the bars for
considerable time, it will be just and proper if the sentence awarded
by the trial court for offence under Sections 457 and 511 of IPC and
affirmed by the appellate court is reduced to the period already
undergone by him while maintaining the fine amount.
Accordingly, the criminal revision petition is partly allowed.
While maintaining the petitioner's conviction and sentence for offence
under Sections 457 and 511 IPC, the sentence awarded to him for
aforesaid offence is hereby reduced to the period already undergone.
[2023:RJ-JD:43807] (4 of 4) [CRLR-382/2017]
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 petitioner shall undergo one month's S.I. The
petitioner is on bail. He need not surrender. His bail bonds stand
discharged.
The record of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
131-Ishan/-
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