Shankar Lal @ Ratan vs State Of Rajasthan

Instant revision petition has been filed by the petitioner challenging the judgment dated 18.11.2017 passed by learned Addl. Sessions Judge No.1, Bhilwara Camp Gangapur (hereinafter referred to as 'the appellate court') by which the appellate court upheld the judgment passed by the learned Addl. Chief Judicial Magistrate, Gangapur, Distt. Bhilwara (hereinafter referred to as 'the trial court') dated 04.11.2015 whereby, the learned trial court convicted and sentenced the present petitioner as under :-

Offence

Punishment

392/34 IPC

Three years rigorous imprisonment and fine of Rs.

1000/-, in default of payment of fine to undergone

one month's rigorous imprisonment.

Briefly stated, the prosecution case as set up is that on 16.09.2013, complainant Nani filed a written report before the S.I. Police Station Gangapur to the effect that today in the morning at 9:00 AM when she was entering in the field for cutting fodder, two unknown persons came on motorcycle and caught hold of the complainant and fell her down and snatched golden Ramnami, Madaliya, nose ring etc.

On this report, FIR No.213/2013 was lodged against the petitioner for the offence under Sections 379, 356 IPC and investigation commenced. On completion of investigation, a charge-sheet was filed against the present petitioner for offence under Section 392 IPC. Thereafter, charges of the case were framed against the accused petitioner who denied the charges and claimed trial.

During the course of trial, the prosecution examined 9 witnesses and various documents were also exhibited. Thereafter, statement of petitioner under section 313 Cr.P.C was recorded. No witness was examined on the defence side.

After considering the material available on record, the learned trial court convicted the petitioner/accused for offence as mentioned above.

Aggrieved by the judgment and order dated 04.11.2015, passed by the learned trial court, an appeal was preferred before the learned Addl. Sessions Judge No.1, Bhilwara Camp Gangapur which came to be dismissed vide judgment dated 18.11.2017. Hence, this revision petition against the conviction of the petitioner.

At the threshold, learned counsel for the petitioner submits that he does not challenge the finding of conviction but since the accused petitioner is behind the bars for about one year and thus he has undergone substantial period of his maximum sentence of three years R.I. for offence under Section 392/34, therefore, it is prayed that the substantive sentence awarded to the petitioner for the aforesaid offence may be reduced to the period already undergone by him.

Per contra, the learned Public Prosecutor opposed the submissions made by the learned counsel for the petitioner and submitted that so many cases are pending against the petitioner, in such circumstances 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 evidence of the prosecution as well as defence and the judgments passed by both the courts below regarding conviction of the accused-petitioner. However, undisputedly, the incident relates back to the year 2013 and the petitioner has so far undergone a period of about one year in custody out of 03 years of total sentence, so also suffered the agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the petitioner has remained behind the bars for some time, it will be just and proper if the sentence awarded by the trial court for offence under Section 392/34 IPC is reduced from 03 years to 02 years' rigorous imprisonment.

Accordingly, the revision petition is partly allowed. While maintaining the petitioner's conviction for offence under Section 392/34 IPC, the sentence awarded to him is hereby reduced from 03 years to 02 years rigorous imprisonment, however, the fine imposed by the learned trial court is kept intact with default stipulation.

The record of trial Court as well as the appellate court be sent back forthwith.