Maintained conviction for snatching but reduced jail sentence to the period already undergone, citing applicant's age and 22-year lapse since offence.
Conviction maintained under Section 392 IPC; jail sentence reduced to the period already undergone.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Revision No. 286 of 2004
Order reserved on : 19.01.2017
Order passed on : 08.02.2017
---- Applicant Versus • State of Chhattisgarh through SHO Bilaigarh, District- Raipur (CG) ---- Respondent -----------------------------------------------------------------------------------------For Applicant : Shri Ravindra Sharma, Advocate on behalf of Shri HV Sharma, Advocate For Respondent/State : Shri Suryakant Mishra, PL ------------------------------------------------------------------------------------------
Hon'ble Shri Justice Anil Kumar Shukla CAV Order
crr 286 of 2004
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He started chatting with Badrikabai and after sometime, came near to her and demanded for her naagmori, two silver ornaments which she was wearing on her hands. The applicant further threatened her of life, in case of not giving the said ornaments to him. When she refused to give the said ornaments to him, he snatched the ornaments from her, obtained the same and fled towards the riverside. The complainant made hue & cry and narrated the fisher men who were present there about the incident and asked them to catch the applicant who robbed her naagmori. Thereafter, the fishermen chased and caught the applicant, took him to Amaldeeha village, where Up-sarpanch Kheekdas, Sarpanch Pawan Maror, Kotwar, father of the complainant and many other villagers gathered and on enquiry, the applicant admitted the fact of robbing naagmori of the complainant and told the place where they had been kept by him. Thereafter, he was brought to Police Station Bilaigarh. After completion of investigation, charge-sheet was filed against the applicant in the Court of Judicial Magistrate First Class, Baloda Bazar. Criminal Case No.555 of 1995 was registered against the applicant and by the judgment dated 03.01.2004 he was convicted and sentenced as mentioned above in the first paragraph of this order. Being aggrieved by this judgment, the applicant preferred Criminal Appeal No. 18 of 2004 before the Court of Session at Baloda Bazar in which the Second Additional Sessions Judge, Baloda Bazar by judgment dated 05.05.2004 while confirming conviction of the applicant, reduced his sentence to RI for six months. This revision has been filed for setting aside the impugned judgment of the appellate Court.
crr 286 of 2004
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crr 286 of 2004
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awarded to the applicant is reduced to the period already undergone by him. It would not be in the interest of justice to send him back to Jail after a long gap of 22 years.
Cr.P.C.
Sd/(Anil Kumar Shukla) JUDGE
padma
2 issues framed by the court
Whether the jail sentence imposed on the applicant should be reduced to the period already undergone given his age and the lapse of time since the offence.
Whether to maintain the conviction for snatching, punishable under Section 392 of the IPC.
1 provisions across 1 enactments
Lakhan Das
State of Chhattisgarh
Anil Kumar Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
