Rajasthan High Court - Jodhpur
Kaloo And Anr vs State (2025:Rj-Jd:12413) on 5 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:12413]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 719/2005
1. Kaloo S/o Nanda R/o Gopal Pura, P.S. Dabi, District Bundi.
2. Paras S/o Gopal, aged about 21 years R/o Gopal Pura, P.S.
Dabi, District Bundi.
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. OP Mishra
For Respondent(s) : Mr. Narendra Gehlot, PP assisted by
Mr. OP Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
05/03/2025
1. By way of filing the instant criminal revision petition, a
challenge has been made to the order dated 10.08.2005 passed
by learned Additional Sessions Judge (Fast Track), No.2, Bhilwara
in Criminal Appeal No.9/2005 whereby the learned appellate Court
partly allowed the appeal filed against the judgment of conviction
dated 04.06.2002 passed by the learned Civil Judge cum Judicial
Magistrate (First Class), Bijolia in Regular Criminal Case
No.111/1999. The learned appellate Judge convicted and
sentenced the petitioners as under:-
Offence Sentence Fine Sentence in
default of fine
Section 365 IPC 6 months' SI Rs.500/- 1 month's SI
Section 342 IPC 1 month's SI Rs.200/- 7 days' SI
Section 323 IPC 1 month's SI Rs.200/- 7 days' SI
[2025:RJ-JD:12413] (2 of 4) [CRLR-719/2005]
2. All the sentences were ordered to run concurrently and the
period spent in judicial custody shall be adjusted in the original
imprisonment.
3. The gist of the prosecution story is that on 08.07.1999,
complainant - Ramprasad submitted a report at P.S. Bijolia to the
extent that on 06.07.1999 at about 11 AM when he went to his
field in search of his father, one Omprakash informed him that the
present petitioners took away his father on a motorcycle and
locked him somewhere. Upon the aforesaid information, an FIR
was registered and after usual investigation, charge-sheet came to
be submitted against the petitioners in the Court concerned.
4. The Learned Magistrate framed charge against the
petitioners for offences under Sections 365, 342 & 323 of IPC and
upon denial of guilt by the accused, commenced the trial. During
the course of trial, as many as 6 witnesses were examined and
some documents were exhibited. Thereafter, an explanation was
sought from the accused-petitioners under Section 313 Cr.P.C. for
which he denied the same and then, after hearing the learned
counsel for the accused petitioners and meticulous appreciation of
the evidence, learned Trial Judge has convicted the accused for
offence under Sections 365, 342 & 323 of IPC vide judgment
dated 04.06.2002 and sentenced them as mentioned above.
Aggrieved by the judgment of conviction, they preferred an appeal
before the appellate court which was partly allowed vide judgment
dated 10.08.2005. Both these judgments are under assail before
this Court in the instant revision petition.
5. Learned counsel Mr. OP Mishra, representing the petitioners,
at the outset submits that he does not dispute the finding of guilt
[2025:RJ-JD:12413] (3 of 4) [CRLR-719/2005]
and the judgment of conviction passed by the learned trial court
and quantum of sentence modified by the learned appellate court,
but at the same time, he implores that the incident took place in
the year 1999. They had remained in jail for about one month
after passing of the judgment by the appellate court. No other
case has been reported against them. They hail from a very poor
family and belong to the weaker section of the society. They are
facing trial since the year 1999 and they have languished in jail for
some time, therefore, a lenient view may be taken in reducing
their sentence.
6. Learned public prosecutor though opposed the submissions
made on behalf of the petitioners but does not refute the fact that
the petitioners have remained behind the bars for about one
month and except the present one no other case has been
registered against them.
7. Since the revision petition against conviction is not pressed
and after perusing the material, nothing is noticed which requires
interference in the finding of guilt reached by learned trial court,
this court does not wish to interfere in the judgment of conviction.
Accordingly, the judgment of conviction is maintained.
8. As far as the question of sentence is concerned, the
petitioners remained in jail for some time and they are facing the
rigor for last 26 years. Thus, in the light of the judgments passed
by the Hon'ble Supreme Court in the cases of Haripada Das Vs.
State of West Bangal reported in (1998) 9 SCC 678 and
Alister Anthony Pareira vs. State of Maharashtra reported in
2012 2 SCC 648 and considering the circumstances of the case,
age of the petitioners, their status in the society and the fact that
[2025:RJ-JD:12413] (4 of 4) [CRLR-719/2005]
the case is pending since a pretty long time for which the
petitioners have suffered incarceration for some days and the
maximum sentence imposed upon them is of six months as well as
the fact that they faced financial hardship and had to go through
mental agony, this court deems it appropriate to reduce the
sentence to the term of imprisonment that the petitioners have
already undergone till date.
9. Accordingly, the judgment of conviction dated 10.08.2005
passed by learned Additional Sessions Judge (Fast Track), No.2,
Bhilwara in Criminal Appeal No.9/2005 and the judgment dated
04.06.2002 passed by the learned Civil Judge cum Judicial
Magistrate (First Class), Bijolia in Regular Criminal Case
No.111/1999 is affirmed but the quantum of sentence modified by
the learned appellate Court is modified to the extent that the
sentence they have undergone till date would be sufficient and
justifiable to serve the interest of justice. The fine amount is
hereby waived. The petitioners are on bail. They need not to
surrender. Their bail bonds are cancelled.
10. The revision petition is allowed in part.
11. Pending applications, if any, are disposed of.
12. Record of the Courts below be sent back.
(MANOJ KUMAR GARG),J
13-Rashi/-
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