Uttarakhand High Court
Sona vs State Of Uttarakhand on 26 December, 2023
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
26TH DECEMBER, 2023
CRIMINAL REVISION NO. 162 of 2009
Sona .....Revisionist
Versus
State of Uttarakhand ...Respondent
Counsel for the Revisionist : Mr. A.M. Saklani, Advocate.
Counsel for the State : Mr. M.K. Khan, A.G.A.
Hon'ble Alok Kumar Verma,J.
The revisionist - accused Sona was convicted and
sentenced to undergo rigorous imprisonment for a period of
four years along with a fine of Rs.20,000/- under Section 409
of the Indian Penal Code, 1860 (in short, "IPC").
2. Against the said judgment dated 20.08.2002, passed
by learned Chief Judicial Magistrate, Uttarkashi in Criminal Case
No.4 of 2000, a Criminal Appeal (Appeal No.15 of 2002) was
filed. Learned Sessions Judge, Uttarkashi modified the sentence
of imprisonment, imposed by the Trial Court, and sentenced
the revisionist to one year rigorous imprisonment instead of
four years.
3. As per the prosecution's case, ten Weaver Trainees
were being trained under the District Scheme in the year 1997-
98 in Uttar Pradesh Khadi Gramodyog and Utpadan Centre.
Trainees were to be given scholarship. Revisionist-accused was
appointed Incharge of Training Program. Revisionist paid them
only Rs.9,950/-. The remaining amount i.e. Rs.14,050/- was
not paid by him. Three loom machines were sold illegally by the
revisionist. The total price of the said machine was Rs.18,600.
The First Information Report was lodged by the District Village
Industries Officer, Uttarakashi on 25.09.1998.
4. Upon the conclusion of the investigation, a charge-
sheet was filed.
5. Charges, under Section 420 IPC and Section 409 IPC
were framed.
6. Prosecution examined eight witnesses.
7. Statements under Section 313 of the Code of
Criminal Procedure, 1973, were recorded. The revisionist-
accused denied all the incriminating evidence, produced by the
prosecution.
8. After hearing the arguments and appreciation of the
evidence, learned trial court acquitted the revisionist of the
charge of Section 420 IPC and convicted him under Section 409
IPC.
9. Heard Mr. A.M. Saklani, learned counsel for the
revisionist and Mr. M.A. Khan, learned A.G.A. for the State.
10. Mr. A.M. Saklani, Advocate has requested to alter the
sentence and grant benefit of probation to the revisionist under
the provisions of the Probation of Offenders Act, 1958.
11. The said request has not been opposed by the State.
12. Mr. M.A. Khan, A.G.A., appearing for the State, has
filed a copy of the report of District Probation Officer, Tehri
Garhwal dated 18.12.2023. The said report is taken on record.
Learned A.G.A. submitted that as per the report of the District
Probation Officer, Tehri Garhwal, conduct and behavior of the
revisionist - Sona have been found good.
13. Present matter is pending since 1998. The age of the
revisionist is about 56 years. There is nothing on record to
suggest that the revisionist is involved in any unacceptable
activity.
14. After considering the facts and circumstances of this
case, it seems appropriate that the sentence, imposed by the
Appellate Court, should be altered and the benefit of probation
should be granted to the revisionist.
15. Consequently, without altering the findings of the
Courts below, the nature of the sentence is being altered. The
revisionist - Sona be released on probation on good conduct for
a period of six months, on his entering into a bond of
Rs.30,000/- with one surety of the like amount to appear and
receive sentence when he is called during such period. In the
meantime, he is directed to keep the peace and be of good
behavior. Revisionist is further directed to appear before the
District Probation Officer, Tehri Garhwal within a week from
today.
16. Registry is directed to send a certified copy of this
Judgment to the District Probation Officer, Tehri Garhwal for
necessary action.
17. The present Criminal Revision (No.162 of 2009) is
disposed of accordingly.
___________________
ALOK KUMAR VERMA, J.
Dated 26.12.2023
JKJ/Neha
