Rajasthan High Court - Jodhpur
Shivlal vs State Of Rajasthan (2025:Rj-Jd:2281) on 14 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:2281]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 23/2025
Shivlal S/o Sh. Mangilal, Aged About 25 Years, R/o Charbhuja
Mandir Ke Pass, Sanwad, Ps Rajnagar, Dist. Rajsamand, Raj.
(Lodged In Central Jail At Udaipur)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Kailash Chandra S/o Sh. Pratap, R/o Kalawati, Post
Rajnagar, Teh. Rajnagar, Ps Rajnagar, Dist. Rajsamand,
Raj.
----Respondents
For Appellant(s) : Mr. Saurabh Soni
Mr. Somendra Gehlot
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
14/01/2025
Instant criminal appeal has been filed by the appellant under
Section 415 of BNSS against the judgment dated 02.07.2024
passed by learned Special Judge, SC/ST (Prevention of Atrocities)
Cases, Rajsamand, in Session Case (SC/ST Act) No.64/2021 (CIS
No.59/2021) by which the learned Judge convicted and sentenced
the appellant as under :
Offence U/S Sentence Fine default sentence
323 IPC R/w 3(2) 1 year SI Rs.1,000/- 1 month SI
(va) of SC/ST Act
341 IPC R/w 3(2) 1 month SI Rs.500/- 10 days SI
(va) of SC/ST Act
3(1)(r)(s) of SC/ST 1 year SI Rs.5,000/- 1 months SI
Act
All the sentences were ordered to run concurrently.
[2025:RJ-JD:2281] (2 of 3) [CRLAS-23/2025]
Brief facts of the case are that on 18.08.2021, complainant
Kailash Chandra submitted a written report at the Police Station
Rajnagar to the effect that the accused-appellant abused him with
caste oriented language and assaulted him. On this, FIR was
registered by the Police and commenced investigation.
On completion of investigation, the police filed challan before
the trial court. Thereafter, the charges of the case were framed
against the appellant, who denied the same and claimed trial.
During the course of trial, the prosecution examined 10
witnesses and exhibited certain documents in support of its case.
Thereafter, statement of appellant under section 313 Cr.P.C was
recorded.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 02.07.2024 convicted and sentenced
the appellant as mentioned above. Hence, this appeal.
At the threshold, counsel for the appellant does not
challenge the finding of conviction but it is submitted that the
occurrence relates back to year 2021 and the appellant has so far
suffered a sentence of more than seven months, out of total
sentence of one year SI. In such circumstances, it is prayed that
the substantive sentence awarded to the accused-appellant for the
aforesaid offences 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 appellant.
The learned PP 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.
[2025:RJ-JD:2281] (3 of 3) [CRLAS-23/2025]
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.
It is not disputed that the occurrence has taken place in the
year 2021 and the accused-appellant has so far undergone a
period of more than seven months incarceration, out of total
sentence of one year 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-appellant 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 323 IPC R/w 3(2)(va) of SC/ST Act, 341 IPC R/w 3(2)
(va) of SC/ST Act & 3(1)(r)(s) of SC/ST Act is reduced to the
period already undergone by him.
Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction for offence under Sections 323 IPC R/w
3(2)(va) of SC/ST Act, 341 IPC R/w 3(2)(va) of SC/ST Act & 3(1)
(r)(s) of SC/ST Act, the sentence awarded to him is reduced to the
period already undergone. The total fine amount of Rs.6,500/- is
reduced to Rs.4,000/-. The accused appellant is in jail. On
deposition of reduced fine amount, the appellant may be released
forthwith, if not required in any other case. If, the appellant fails
to deposit the reduced fine amount, he shall undergo default
sentence of 15 days SI.
Application for suspension of sentence is also decided.
(MANOJ KUMAR GARG),J
132-MS/-
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