Rajasthan High Court - Jodhpur
Jitendra @ Jitu vs State Of Rajasthan (2025:Rj-Jd:5433) on 28 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:5433]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 486/2024
Jitendra @ Jitu S/o Prem Chand, Aged About 20 Years, R/o Opp.
Tokla House, Purani Ginani, Dist. Bikaner (Raj.) (At Present
Lodged In Central Jail, Bikaner)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Ravi Rawat S/o Late Shri Gulab Singh Rawat, R/o Purani
Ginani, Bikaner, Dist. Bikaner (Raj.)
----Respondents
For Petitioner(s) : Mr. Ashok Kumar
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. OP Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/01/2025
Instant revision petition has been filed by the petitioner
challenging the judgment dated 24.01.2024 passed by learned
Additional Session Judge No.2, Bikaner (hereinafter referred to as
'the appellate court') by which the appellate court upheld the
judgment dated 08.06.2023 passed by the learned Addl. Chief
Judicial Magistrate No.2, Bikaner (hereinafter referred to as 'the
trial court') whereby, the learned trial court convicted the present
petitioner for offences punishable under Sections 457 and 380 IPC
and sentenced him as under :
Section : 457 IPC Seven years RI & fine of
Rs.5,000/-, in default of
payment of fine further undergo
six months Addl. RI.
[2025:RJ-JD:5433] (2 of 4) [CRLR-486/2024]
Section : 380 IPC Seven years RI & fine of
Rs.5,000/-, in default of
payment of fine further undergo
six months Addl. RI.
Both the sentences were ordered to run concurrently.
Briefly stated the facts of the case are that the
complainant/respondent No.2 submitted a written report before
the Police Station Sadar, District Bikaner inter-alia alleging therein
that on 01.03.2018, his brother and sister went to Jaipur for
treatment of his mother and they returned to Bikaner on
08.03.2018. When they reached home, they found that an
unknown person entered into their house and stolen gold articles
and a sum of cash amount. On the said report, Police registered a
case for offence under Sections 380 IPC and investigation started.
During the course of investigation, the accused-petitioner
was arrested. After completion of investigation, Police filed challan
against the petitioner for offences under Sections 457 & 380 IPC.
Thereafter, charges were framed by the trial court against the
petitioner for the aforesaid offences. The petitioner pleaded not
guilty and claimed trial.
At the trial, the prosecution examined as many as 4
witnesses in support of its case and exhibited some documents.
Thereafter statement of the petitioner was recorded under Section
313 Cr.P.C.
After conclusion of the trial, the learned trial court convicted
and sentenced the accused-petitioner as aforesaid vide judgment
dated 08.06.2023.
[2025:RJ-JD:5433] (3 of 4) [CRLR-486/2024]
Aggrieved by the judgment and order dated 08.06.2023,
passed by the learned trial court, an appeal was preferred before
the appellate court which came to be dismissed vide judgment
dated 24.01.2024. Hence, this appeal against the conviction of the
petitioner.
At the threshold, learned counsel for the petitioner submits
that he does not challenge the finding of conviction but since the
accused petitioner is behind the bars for about two years and six
months and the occurrence was taken place as back as in the year
2018, therefore, it is prayed that the substantive sentence
awarded to the petitioner 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 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 judgments passed by both the courts
below regarding conviction of the accused-petitioner.
It is not disputed that the accused petitioner was sentenced
to a period of seven years for offence under Section 457 & 380
IPC. The present petitioner has been facing the trial since 2018
and it is also reported that 25 cases were registered against him.
However, the petitioner has so far undergone a period of about
two years and six months in custody out of total sentence, so also
suffered the 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 about two years and six months, it
[2025:RJ-JD:5433] (4 of 4) [CRLR-486/2024]
will be just and proper if the sentence awarded by the trial court
for offence under Sections 457 & 380 IPC is reduced from seven
years to three years.
Accordingly, the revision petition is partly allowed. While
maintaining the petitioner's conviction for offences under Sections
457 & 380 IPC, the sentence awarded to him for the said offences
is hereby reduced from seven years RI to three years RI. The fine
imposed by both the courts below is also hereby maintained. So
far as the default sentence is concerned, the same is also reduced
from six months RI to one month RI for both the offences. To the
aforesaid extent, the judgments impugned stand modified.
On completion of the sentence of three years RI, the
petitioner be released forthwith, if not required in any other case.
The record of trial Court as well as the appellate court be
sent back forthwith.
(MANOJ KUMAR GARG),J
5-MS/-
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