Mala Ram vs State Of Rajasthan ...
2023 Latest Caselaw 7816 Raj

[2023:RJ-JD:32128] (1 of 2) [CRLAS-2089/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2089/2023

Mala Ram S/o Roopa Ram, Aged About 43 Years, R/o- Telppikheda, P.s. Anadra, District Sirohi (Raj.) (Presently Lodged In District Jail, Sirohi)

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Ms. Sapna Vashnav For Respondent(s) : Mr. Anees Bhurat, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/10/2023

1. The instant criminal appeal has been preferred against the

judgement dated 24.07.2023 whereby the appellant Mala Ram has

been convicted under Section 3 R/w Section 8 of the Rajasthan

Bovine Animal (Prohibition of Slaughter and Regulation of

Temporary Migration or Export) Act and under Section 11 (d) of

Prevention of Cruelty to Animals Act and thereby sentenced to

suffer imprisonment of 3 years.

2. Heard learned counsel for the parties and perused the

judgment under assail as well as custody report dated 11.08.2023

issued by the office of the Superintendent, Central Jail, Jodhpur,

as per which, he remained in custody for a long two years, 10

months and 03 days till 11.08.2023.

3. Ms. Sapna Vaishnav, learned counsel for the petitioner, at the

outset, submits that she does not wish to make challenge to the

[2023:RJ-JD:32128] (2 of 2) [CRLAS-2089/2023]

findings of guilt, however, she seeks benevolence of this Court

with regard to the quantum of the sentences.

4. For the purpose of satisfaction, I have gone through the

niceties of the matter and the material brought on record, and

thus, convinced that there is no room of interference in the

judgment of conviction, thus, the appeal is dismissed to the extent

of the finding of guilt. Therefore, the judgment of conviction

passed by the learned Sessions Judge, Sirohi is maintained.

5. As far as, the question of sentence relates, it is appearing

that the appellant is a resident of a tribal area and is a person

belonging to weaker section of the society. It is revealing that he

has never been convicted for any offence of identical nature and

he has no such association disentitling him to get the benevolence

in reduction of sentence. Thus, it is felt that the sentence passed

by the learned Sessions Judge, Sirohi deserves to be reduced to

the extent of the period the petitioner has undergone till date.

6. Accordingly, the instant criminal appeal is allowed in part.

The sentence awarded to the petitioner by the trial court is

reduced to the period undergone by him till date. He is reported to

be in custody and lodged at Central Jail, Jodhpur. He shall be

released forthwith in this case, if not required in any other case.

Necessary information shall be sent to the concerned jail authority

today itself. The appeal as well as pending applications, if any, are

disposed of, accordingly.

(FARJAND ALI),J 12-Samvedana/-

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