Rajasthan High Court - Jodhpur
Roshan vs State Of Rajasthan (2025:Rj-Jd:29983) on 10 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:29983]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 297/2025
Roshan S/o Surajmal @ Suraliya Bawari, Aged About 37 Years,
R/o Ghasalo Ka Kheda, Thana Bhadsora, Dist. Chittorgarh,
Rajasthan. (At Present Lodged In Chittorgarh Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Siddharth Karwasra
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
10/07/2025
Instant revision petition under Section 438/442 Cr.P.C. has
been filed by the petitioner challenging the judgment dated
04.12.2024 passed by learned Additional Sessions Judge,
Kapasan, District Chittorgarh in Cr. Appeal No.71/2023 (67/2022)
by which the appellate court dismissed the appeal and upheld the
judgment dated 31.05.2022, passed by the learned Judicial
Magistrate, Kapasan, District Chittorgarh in Regular Cr. Case
No.211/2021, whereby 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.1,000/- 15 days SI
2. 380 IPC 3 year SI Rs.1,000/- 15 days SI
Both the sentences were ordered to run concurrently.
Brief facts of the case are that on 12.03.2021, complainant
Udi Bai submitted a written report at Police Station Akola about a
[2025:RJ-JD:29983] (2 of 3) [CRLR-297/2025]
theft committed at her house by some unknown miscreant. On
this report, Police registered a case and started investigation.
During investigation, Police arrested the petitioner.
On completion of investigation, the police filed challan
against the accused-petitioner. Thereafter, the trial court took
cognizance against the petitioner for offence under Sections 457,
380 IPC. Subsequently, charge was framed. The accused-
petitioner denied the charge and claimed trial.
During the course of trial, the prosecution examined as many
as nine witnesses and also exhibited certain documents in support
of its case. 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 31.05.2022 convicted and sentenced
the accused-petitioner for offence under Sections 457, 380 IPC.
Aggrieved by his conviction and sentence, the petitioner
preferred an appeal before the learned appellate court, which
came to be dismissed vide judgment dated 04.12.2024. 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 2021 and the petitioner has so far
suffered a sentence of more than one year and ten months, out of
total sentence of three years SI. 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.
[2025:RJ-JD:29983] (3 of 3) [CRLR-297/2025]
On the other hand, the learned AAG 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.
Heard learned counsel for the parties and perused the
judgments passed by the courts below.
It is not disputed that the occurrence has taken place in the
year 2021 and the accused-petitioner has so far undergone a
period of more than one year and ten months 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
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
offence is hereby reduced to the period already undergone. The
fine amount is also waived, if not deposited. The petitioner is in
jail. He be released forthwith, if not required in any other case.
Application for suspension of sentence is also decided.
The records of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
98-MS/-
Powered by TCPDF (www.tcpdf.org)
