Rajasthan High Court - Jodhpur
Ram Singh vs State (2025:Rj-Jd:24356) on 20 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:24356]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 139/1995
Ram Singh S/o Kan Singh, by caste Mali, R/o Jaloriyun Ka Bas,
Jodhpur.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr Sikander Khan
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/05/2025
Instant criminal appeal has been filed by the appellant
against the judgment dated 25.03.1995 passed by learned District
& Session Judge Jodhpur, in Session Case No.126/1994 by which
the learned Judge convicted the appellant for sentence of offence
under Section 376/511 IPC for three years' R.I. and a fine of
Rs.2,000/- and in default of payment he shall further undergo six
months' Simple Imprisonment.
Brief facts of the case are that on 21.04.1994, complainant
Ramesh Lal gave a written report before the concerned Police
Station to the effect that on 21.04.1994 at about 4.00 P.M. his
wife Hukma sent his minor daughter to retrieve the news paper
from Kan Singh, where the accused appellant committed indecent
act with his minor daughter. On this report, Police registered a
case against the accused-appellant and started investigation.
[2025:RJ-JD:24356] (2 of 3) [CRLA-139/1995]
On completion of investigation, police filed challan against
the accused-appellant. Thereafter, the charges for offence under
Section 376 IPC were framed by the trial court against the
accused-appellant, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as eleven witnesses in support of its case and also exhibited some
documents. Thereafter, statement of the accused appellant was
recorded under section 313 Cr.P.C. In defence one document was
exhibited.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 25.03.1995 acquitted the appellant for
the offence under Section 376 IPC but convicted and sentenced
the accused-appellant for the offences under Section 376/511 IPC.
Hence, this criminal appeal.
At the threshold, learned counsel for the accused-appellant
submits that he does not challenge the finding of conviction but
since the occurrence is related to the year 1994 and the accused
appellant has so far suffered a sentence for a period of five days
including remission, out of total sentence of three years' R.I.,
therefore, it is prayed that the sentence awarded to the appellant
for the aforesaid offences may be reduced to the period already
undergone by him.
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:24356] (3 of 3) [CRLA-139/1995]
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.
Undisputedly, the occurrence relates back to year 1994 and,
the appellant has so far undergone for a period of five days
incarceration including remission, out of total sentence of three
years' R.I., and has also suffered the mental agony and trauma of
protracted trial. Thus, looking to the over-all circumstances and
the facts that the appellant 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 Section 376/511 IPC
is reduced to the period already undergone by the appellant.
Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction for offence under Section 376/511 IPC,
the sentence awarded to him for the said offences is hereby
reduced to the period already undergone. The fine amount
imposed by the Court below is hereby maintained. Two months'
time is granted to deposit the fine before the trial court. In default of
payment of fine, the appellants shall undergo one month's simple
imprisonment. Appellant is on bail. He need not surrender. His bail
bond stands discharged. Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
1-Ishan/-
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