Chutra Ram vs State Of Rajasthan

Manoj Kumar Garg, J

Instant criminal appeal has been filed by the appellant against the judgment dated 19.04.2023 passed by learned Additional Sessions Judge No.2, Barmer, in Session Case No.64/2015 (142/2013) by which the learned Judge convicted and sentenced the appellant as under :

Offence U/s 459 IPC: Three years’ S.I. and a fine of Rs.5,000/-, in default of payment of fine, to further undergo one month’s S.I. Offence U/s 323 IPC: Three months’ S.I. and a fine of Rs.1,000/-, in default of payment of fine, to further undergo seven days’ S.I.

Offence U/s 325 IPC : Three years’ S.I. and a fine of Rs.2,000/-, in default of payment of fine, to further undergo fifteen days’ S.I.

Offence U/s 354 IPC : Two years’ S.I. and a fine of Rs.2,000/-, in default of payment of fine, to further undergo fifteen days’ S.I.

All the sentences were ordered to run concurrently.

Brief facts of the case are that on 18.07.2012, complainant Smt. Makhni Devi submitted a written report before Police Station Chohtan, District Barmer against the appellant inter-alia alleging therein that on 15.07.2012 in the night, when she was alone in the house, the appellant unauthorisedly entered into the house and tried to commit rape with her. On raising hue and cry, complainant’s neighbors came to her rescue, upon which the appellant fled away. On this report, Police registered a case against the appellant for offences under Sections 458, 376/511 IPC and started investigation.

On completion of investigation, police filed challan against the present appellant for offences under Sections 459, 450, 323, 376/511 IPC. Thereafter, the charges of the case were framed by the trial court against the 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 under section 313 Cr.P.C was recorded.

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 19.04.2023 convicted and sentenced the appellant for the offences as aforesaid. 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 2012 and the accused appellant has so far suffered a sentence of about nine months and three days, out of total sentence of three years’ S.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.

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 appellant nor any compassion or sympathy is called for in the said case.

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 2012 and, the appellant has so far undergone a period of nine months and three days incarceration, out of total sentence of three years’ S.I., and has also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact 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 Sections 459, 323, 325, 354 IPC is reduced to the period already undergone by the appellant.

Accordingly, the appeal is partly allowed. While maintaining the appellant’s conviction and sentence for offence under Sections 459, 323, 325, 354 IPC, the sentence awarded to him is hereby reduced to the period already undergone. The fine amount is also hereby waived. The appellant is in jail. He may be released forthwith if not required in any other case.

Record, if received, be sent back forthwith.