Rajasthan High Court - Jodhpur
Kalu Khan vs State (2025:Rj-Jd:19879) on 24 April, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:19879]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 558/1994
Kalu Khan S/o Hussain Khan, by caste Dhadi, R/o Salasar Tehsil
Sujangarh, District Churu.
----Appellant
Versus
State of Rajasthan.
----Respondent
For Appellant(s) : Mr. Pallav Sharma, Amicus Curiae
For Respondent(s) : Mr. Deepak Choudhary, AAG with
Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/04/2025
Learned counsel for the appellant Shri V.N. Kalla has expired,
therefore, it is in the interest of justice that learned counsel Mr.
Pallav Sharma is hereby appointed as Amicus curiae in this case.
He shall be paid his remuneration by the Legal Services Authority
as per Legal Aid Scheme.
Instant criminal appeal has been filed by the appellant
against the judgment dated 17.11.1994 passed by learned
Additional District and Sessions Judge Ratangarh (Churu), in
Sessions Case No.59/1993 by which the learned Judge convicted
and sentenced the appellant as under :
S.No. Offence Sentence Fine Sentence in
default of fine
1. 376 R/w 511 5 years' RI Rs.100/- 1 month's RI
IPC
2. 324 IPC 1 year's RI Rs.100/- 1 month's RI
Both the sentences were ordered to run concurrently.
Brief facts of the case are that on 19.08.1993 complainant
Ratna Ram's daughter Kamla returned to her house from the field.
At that time, accused appellant caught her and tried to commit
[2025:RJ-JD:19879] (2 of 3) [CRLA-558/1994]
rape with her. Upon which, her daughter Kamla started screaming
and thereafter some persons came there and rescued the victim
and the appellant fled away from the place of incident. On this
report, Police registered a case against the accused appellant for
offences under Sections 376/511 and 323 IPC and started
investigation.
On completion of investigation, police filed challan against
the accused-appellant. Thereafter, the trial court framed charges
against the accused-appellant for offence under Sections 376/511
and 324 IPC, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as six witnesses in support of its case and also exhibited some
documents. Thereafter, statement of the accused-appellant was
recorded under section 313 Cr.P.C. and also examined two
witnesses in defence.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 17.11.1994 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 1993 and the accused
appellant has so far suffered a sentence of about one year and five
months approx, out of total sentence of five years' R.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.
[2025:RJ-JD:19879] (3 of 3) [CRLA-558/1994]
On the other hand, the learned Addl. Advocate General
opposed the submissions made by the learned counsel for the
appellant. The learned AAG 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 1993 and,
the appellant has so far undergone a period of about one year and
five months incarceration, out of total sentence of five years' R.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 376/511 and 324 IPC is reduced
to the period already undergone by the appellant.
Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction for offence under Sections 376/511 and
324 IPC, the sentence awarded to him for the said offences is
hereby reduced to the period already undergone. The amount of
fine is hereby waived. The appellant is on bail. He need not
surrender. His bail bonds are discharged. Record, if received, be
sent back forthwith.
(MANOJ KUMAR GARG),J
60-Ishan/-
Powered by TCPDF (www.tcpdf.org)
