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State of Rajasthan vs Sohan Giri

Rajasthan High Court · Decided on 5 October 1987 · Citation: (1988) WLN 94(1)

HON’BLE JUDGES
Shyam Sunder Byas, J · N.C. Sharma, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 279, 337
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 236 of 1977
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Judgment

3 paragraphs · 125 words

S.S. Byas, J.—By his judgment dated February 24, 1977, the learned Judicial Magistrate (4), Jodbpur convicted the accused Sohan Giri under Sections 279 and 337, IPC and sentenced him to a fine of Rs. 50/-, in default of the payment of fine to undergo fifteen days'' simple imprisonment on each count. The State has come-up in appeal for enhancement of the sentence.

2.

The accused-respondent, despite service of notice, did not put appearance. We have heard the learned Public Prosecutor.

3.

The offence was committed long back on June 17, 1975. The judgment was given by the Judicial Magistrate on February 24, 1977. Looking to the long lapse of ten years, it would not be proper to enhance the sentence. The appeal is, therefore, dismissed.