Ugam Singh @ Ugama @ Jaswant S vs State (2023:Rj-Jp:22658)
2023 Latest Caselaw 4846 Raj/2

[2023:RJ-JP:22658]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

             S.B. Criminal Revision Petition No. 108/2004

Ugam Singh @ Ugama @ Jaswant Singh@ R.N.Choudhary S/o
Shri Mahendra Singh @ Mehendu, R/o Ratanpura, Police Station
Sadar, Beawar, Distt. Ajmer (Raj.)
                                                                   ----Petitioner
                                    Versus
The State of Raj. Through PP.
                                                                 ----Respondent

For Petitioner(s) : Mr. Naveen Kumar Sharma For Respondent(s) : Mr. Prashant Sharma, PP.

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

13/09/2023

1. The petitioner faced trial and was found guilty for offence

under Section 420 IPC. The learned trial Judge awarded 5 years

rigorous imprisonment with fine of Rs.5,000/- to the petitioner;

and in default of payment of fine, further 6 months simple

imprisonment was ordered.

2. The judgment of conviction was challenged in Criminal

Appeal No.1/2004 before the learned Sessions Judge, which was

heard and dismissed by the learned Additional Sessions Judge

No.2, Sikar on 21.01.2004, hence, this revision petition under

Section 397 read with 401 Cr.P.C.

3. Learned counsel for the petitioner contends that the matter

is very old, therefore, the petitioner does not want to challenge

the judgment of conviction rather, the petitioner wants to agitate

the correctness of sentence only. Since no previous conviction

[2023:RJ-JP:22658] (2 of 2) [CRLR-108/2004]

against the petitioner was proved or brought on record, the trial

court as well as the lower appellate court were bound to consider

the scope of applicability of grant of protection under the

Probation of offenders Act. In the event of non-consideration of

the same, the learned trial Judge should have assigned special

reasons as required under Section 361 Cr.P.C. which has not been

done in the present case.

4. Since the matter is very old, no purpose should be served by

allowing the petitioner to go on probation bond. Therefore, it is

directed that the sentence awarded against the petitioner is

reduced to the period already undergone.

5. With the aforesaid modification of sentence, the instant

petition stands disposed of.

(BIRENDRA KUMAR),J

NAVAL KISHOR /10

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