Thakararam vs State Of Rajasthan

The instant criminal revision petition has been filed by the petitioner against the judgment dated 20.02.2018 passed by the learned Additional Sessions Judge No.2, Barmer, by which, the learned Appellate Court dismissed the appeal filed by the petitioner and confirmed the judgment dated 17.07.2014 passed by the learned Judicial Magistrate, First Class, Barmer, by which, the learned trial court convicted the petitioner for the offence under Section 354 IPC and was sentenced him to undergo 1 year simple imprisonment and to pay a fine of Rs.2000/-; and in default of payment of fine to further undergo 15 days additional simple imprisonment. The petitioner was also convicted for the offence under Section 457 IPC and was sentenced to undergo 3 years simple imprisonment and to pay a fine of Rs.3000/-; and in default of payment of fine to further undergo 1 month simple imprisonment. Both the sentences were ordered to run concurrently.

The brief facts of the case are that a FIR was lodged on 06.04.2007 by Smt. Jheemo, in which she had mentioned that on 05.04.2007, when she was sleeping in her Dhani, accused-Thakararam entered his dhani and sat on the cot where she was sleeping. Accused caught her hand. He wanted to commit rape on her. When she shouted, the accused ran away. On this report, a case was registered against the petitioner for the offences under Section 457 and 354 IPC. The police started investigation and after due investigation, the police filed challan for offence under Sections 354 and 457 IPC against the petitioner. Thereafter, charges of the said offence were framed. He denied the charges and claimed trial.

The prosecution examined 8 witnesses in all and many documents were exhibited. Thereafter, the statement of the accused under Section 313 Cr.P.C. was recorded. No witness was examined from the defence side. After conclusion of the trial, the learned trial court vide judgment dated 17.07.2014 convicted the petitioner for the offences as mentioned above. Feeling aggrieved by the said judgment, the petitioner preferred an appeal before the learned appellate court. The appeal filed by the petitioner was dismissed by the learned appellate court vide judgment date 20.02.2018. Against both these judgments and orders, the present revision petition has been filed.

Learned counsel for the petitioner at the threshold submits that he does not want to challenge the conviction of the petitioner but submits that the alleged incident was of the year 2007 and during this period, the petitioner has already suffered mental agony and trauma. He further submits that the petitioner is behind the bars for last about one year. He was awarded sentence of one year for the offence under Section 354 IPC. Thus, he has already served the sentence for offence under Section 354 IPC. So far as the sentence for offence under Section 457 IPC i.e. 3 years simple imprisonment is concerned, the same is excessive. Therefore, it is prayed that the substantive sentence of 3 years simple imprisonment for the offence under Section 457 IPC awarded to the petitioner may be reduced to the period already undergone by him.

On the other hand, the learned Public Prosecutor opposed the prayer made by the learned counsel for the petitioner.

I have considered the arguments advanced by the learned counsel for the parties and have carefully gone through the record of the case.

It is not disputed that the petitioner has already served the one year sentence, which has been awarded to him for the offence under Section 354 IPC. So far as the sentence awarded to the petitioner for the offence under Section 457 IPC is concerned, the learned trial court has awarded the sentence of 3 years simple imprisonment, which is on excessive side in the facts and circumstances of the case. Thus, looking at the over-all circumstances, this Court is of the opinion that ends of justice would be met if the substantive sentence of imprisonment awarded by the trial court for offence under Section 357 IPC i.e. 3 years Simple Imprisonment is reduced to the period of imprisonment already undergone by the petitioner because the incident relates back to year 2007 and the petitioner has already suffered the mental agony and trauma since 2007.

As a result, the revision petition is partly allowed. While maintaining the conviction of the petitioner for offence under Section 354 & 457 IPC, the sentence awarded to him for offence under Section 457 IPC is hereby reduced from 3 years simple imprisonment to 1 year simple imprisonment. However, the amount of fine imposed by the learned trial court is maintained with default stipulation. In case, the petitioner deposits the amount of fine, he shall be set at liberty forthwith if not required in any other case.