Rajasthan High Court - Jodhpur
Ramesh vs State Of Rajasthan (2025:Rj-Jd:2949) on 16 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:2949]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 909/2021
Ramesh S/o Havji, Aged About 26 Years, B/c Pargi, R/o Chikli
Puna, Police Station Anandpuri, At Present Behind Akashwani,
Kundla Basti, Banswara, District Banswara (Lodged In Central
Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhawani Singh Mertia
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
16/01/2025
Instant revision petition has been filed by the petitioner
challenging the judgment dated 23.09.2021 passed in Cr. Appeal
No.52/2017 by learned Sessions Judge, Banswara, by which the
appellate court dismissed the appeal of the petitioner and upheld
the judgment dated 18.07.2017, passed by learned Addl. Chief
Judicial Magistrate, Banswara, in Cr. Case No.03/2015 by which
the learned trial court convicted and sentenced the petitioner as
under :
S.No. Offence Sentence Fine Sentence in
default of fine
1. 457 IPC 3 year SI Rs.10,000/- 6 months Addl.
imprisonment
2. 380 IPC 2 year SI Rs.5,000/- 2 months Addl.
imprisonment
Both the sentences were ordered to run concurrently.
[2025:RJ-JD:2949] (2 of 4) [CRLR-909/2021]
Brief facts of the case are that on 22.11.2014, complainant
Gajanand Rawal, who was Headmaster of Government Secondary
School, Umrai submitted a written report at Police Station Sadar,
Banswara to the effect that on 05.11.2024 at about 10 AM, when
the school opened, locks of nutrition rooms of two building were
found broken. On search, it was found that gas cylinders, four
pressure cookers, one aluminum plate and other articles/material
were missing. The said articles/materials were stolen by some
unknown miscreants. On this report, Police registered a case and
started investigation.
After completion of investigation, the police filed challan
against the present petitioner and other accused persons.
Thereafter, the trial court framed charges against the accused
persons including the petitioner for offences under Sections 457,
380 IPC, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as 10 witnesses in support of its case and exhibited some
documents. Thereafter, statements of the accused persons
including the petitioner was recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 18.07.2017 convicted and sentenced
the accused persons including the petitioner for aforesaid offence.
Being aggrieved by his conviction and sentence, the
petitioner preferred an appeal before the learned appellate court,
which came to be dismissed vide judgment dated 23.09.2021.
Hence, this revision petition.
At the threshold, learned counsel for the accused-petitioner
submits that he does not challenge the finding of conviction but
[2025:RJ-JD:2949] (3 of 4) [CRLR-909/2021]
since the occurrence is related to the year 2014 and out of total
sentence of three years R.I., the accused petitioner has already
served more than six months of imprisonment, therefore, it is
prayed that the sentence awarded to petitioner for the aforesaid
offences may be reduced to the period already undergone by him.
On the other hand, learned Public Prosecutor opposed the
submissions made by the learned counsel for the accused-
petitioner and 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.
Undisputedly, the incident relates back to the year 2014 and
the petitioner has so far undergone a period of more than six
months in custody, out of total sentence of three years, so also
suffered the mental agony and trauma of protracted trial. Thus,
looking to the over-all circumstances and the fact that the
petitioner 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 457 & 380 IPC and affirmed by the
appellate court is reduced to the period already undergone.
Accordingly, the revision petition is partly allowed. While
maintaining the petitioner's conviction for offence under Sections
457 & 380 IPC, the sentence awarded to him for the aforesaid
offences is hereby reduced to the period already undergone. The
fine amount is hereby maintained. Three months' time is granted
to deposit the fine amount before the trial court. The fine amount,
[2025:RJ-JD:2949] (4 of 4) [CRLR-909/2021]
if any, already deposited by the petitioner shall be adjusted. If the
petitioner fails deposit the fine amount, he shall undergo the
default sentence of one month. The petitioner is on bail. He need
not surrender. His bail bonds are cancelled.
The records of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
118-MS/-
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