Badan Singh vs State of Rajasthan

Instant criminal jail appeal has been filed by the appellant against the judgment dated 01.11.2018 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Rajsamand (for short 'the trial court') in Sessions Case No. 12/2015 whereby, the learned trial Court convicted the appellant for offence under Section 452, 354 and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act and sentenced as under :-

452 IPC- Two years' simple imprisonment and fine of Rs. 2000/-, in default of payment of fine to further undergo two months S.I. 354 IPC - One year S.I and fine of Rs. 1,000/-, in default of payment of fine to undergo one month S.I.

Section 3(1)(xi) of SC/ST (Prevention of Atrocities Act) - Six months' S.I and fine of Rs. 1,000/-, in default of payment of fine to undergo one month S.I

The concise facts of the case are that on 18.08.2015, report was lodged at Police station, Rajnagar by the complainant Madan lal to the effect that he had gone for labour work and his wife was alone at home. In the afternoon at about 1:00 PM, the appellant Badan came to his home and tried to outrage the modesty of his wife and also tried to commit rape with her.

The police registered FIR No. 272/2015 at Police Station Rajnagar and investigation commenced. After due investigation, police filed charge sheet against the accused appellant for offences under Section 452, 354, 354B and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act. Thereafter, charges of the case were framed against the appellant for offeresaid offences before the competent court. He denied the charges and claimed trial.

During the course of trial, the prosecution examined 08 witnesses and various documents were also exhibited. Thereafter, statement of appellant under section 313 Cr.P.C was recorded. No witness was examined on the defence side.

After scrutiny of the material on record and evidence produced by the prosecution as well as statement of accused under Section 313 Cr.P.C., learned trial Court vide judgment and order dated 01.11.2018 convicted and sentenced him as mentioned hereinabove.

Being aggrieved with the judgment and order passed by the Trial Court, the accused-appellant has preferred this criminal Jail appeal before this Court.

At the threshold, learned counsel for the appellant submits that he does not challenge the finding of conviction but since the accused appellant has already served total sentence of 01 year, 09 months and 10 days out of maximum sentence awarded of two years. Therefore, it is prayed that the substantive sentence awarded to the appellant for the offence under Section 452 IPC may be reduced to the period already undergone by him. It is further prayed that since the appellant is a poor person and is not in a position to deposit the fine, therefore, the fine imposed by the trial court may also be waived.

On the other hand, the 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 petitioner nor any compassion or sympathy is called for in the said case.

I have perused the judgment passed by both the court below regarding conviction of the accused-appellant.

From the findings recorded by the trial Court, I am satisfied that learned counsel for the accused-appellant is right in not pressing this appeal on merits. So far as reduction of sentence of imprisonment awarded to the accused-appellant is concerned, as per the record, the appellant has so far undergone a period of one year 09 months and 10 days in custody so also suffered the agony and trauma of protracted trial. Looking to the over-all circumstances and the fact that the appellant has remained behind the bars for substantial period now, it will be just and proper if the sentence awarded by the trial court for offence under Section 452 IPC is reduced to the period already undergone by him while waiving off the fine.

Accordingly, the appeal is partly allowed. While maintaining the appellant's conviction for offences under Section 452 IPC, the sentence awarded to him is hereby reduced to the period already undergone. The fine imposed by the trial court is hereby waived.

So far as the offences under Section 354 IPC and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act is concerned, the appellant has already served out the substantive sentence awarded for said offences, therefore, no interference is called for in the order of sentence. However, the fine imposed by the trial court for said offences is hereby waived. The appellant may be released forthwith, if not required in any other case.

Record of the trial court be sent back forthwith.