Rajasthan High Court - Jodhpur
Gautam vs State Of Rajasthan (2024:Rj-Jd:8245) on 16 February, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:8245]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 415/2021
Gautam S/o Hakru Meena, Aged About 28 Years, R/o Ghatiya,
P.s. Salamgarh, Dist. Pratapgarh. (Presently Lodged In Central
Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shiv Singh on behalf of
Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/02/2024
Instant revision petition under Section 397/401 Cr.P.C. has
been filed by the petitioner challenging the judgment dated
31.03.2021 passed by learned District & Sessions Judge,
Pratapgarh, (hereinafter referred to as 'the appellate court') in
Criminal Appeal No.67/2017 by which the appellate court
dismissed the appeal of the petitioner and upheld the judgment
dated 17.08.2017 passed by the learned Addl. Chief Judicial
Magistrate, Arnod, District Pratapgarh (hereinafter referred to as
'the trial court') in Criminal Regular Case No.363/2017, whereby,
the learned trial court convicted and sentenced the present
petitioner as under :
Offence U/s 457 IPC : Three years' S.I. and a fine of
Rs.5,000/-, in default of payment of fine, further undergo six
months' additional S.I.
[2024:RJ-JD:8245] (2 of 4) [CRLR-415/2021]
Offence U/s 380 IPC : Three years' S.I. and a fine of
Rs.5,000/-, in default of payment of fine, further undergo six
months' additional S.I.
Both the sentences were ordered to run concurrently.
Brief facts of the case are that on 20.01.2017, complainant
Manohar Singh submitted a written report before Police Station
Salamgarh to the effect that in the intervening night of
19.01.2017-20.01.2017, accused-petitioner unlawfully entered in
his house and tried to steal a gunny bag of Soyabean. On this
report, the police registered the case against accused-petitioner
for offence under Sections 457 & 380 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 ten
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 17.08.2017 convicted and sentenced
the accused-petitioner for offences as mentioned earlier.
Aggrieved by his conviction and sentence, the petitioner
preferred an appeal before the learned appellate court, which
[2024:RJ-JD:8245] (3 of 4) [CRLR-415/2021]
came to be dismissed vide judgment dated 31.03.2021. 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 relates back to year 2017 and the petitioner has so far
suffered a sentence of about two years, out of total sentence of
three years' S.I. In such circumstances, it is prayed that the
substantive sentence awarded to the accused-petitioner for the
offence under Sections 457 & 380 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 2017 and the accused-petitioner has so far undergone a
period of about two years incarceration, out of total sentence of
three years 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
[2024:RJ-JD:8245] (4 of 4) [CRLR-415/2021]
Sections 457, 380 IPC and affirmed by the appellate court is
reduced to the period already undergone by him.
Accordingly, the criminal revision petition is partly allowed.
While maintaining the petitioner's conviction for offence under
Sections 457, 380 IPC, the sentence awarded to him for aforesaid
offences is hereby reduced to the period already undergone. The
amount of fine is hereby waived. 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
165-Ishan/-
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