In this criminal revision, the High Court examined the conviction of the applicant for theft under Section 379 IPC. Finding no illegality in the conviction but noting imprisonment served, the Court reduced the sentence to the period already undergone.
The sentence imposed is reduced to the period already undergone by the accused.
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. 184 of 2004
Manoj @ Santosh Sahu S/o. Deluram Aged 25 years, resident of Chantidhi, P.S. Sarkanda, District Bilaspur (C.G.)
---- Applicant
Versus
State of Chhattisgarh, Through the District Magistrate, Bilaspur (C.G.)
---- Respondent
For Applicant : Mr. N.K. Malaviya, Advocate. For Respondent : Mr. Aman Kesharwani, Panel Lawyer
Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board on 13.02.2019
By this revision petition the applicant has assailed the judgment dated 17.03.2004 passed by Additional Sessions Judge Bilaspur in Criminal Appeal No. 42/2001 affirming the judgment dated 08.02.2001 passed by JMFC Bilaspur in Criminal Case No. 163/1997 convicting the accused/applicant under Section 379 IPC and sentencing him to undergo SI for 1 year and 3 months.
2 . Facts of the case in short are that on 02.12.1996 at about 8.00 PM complainant Chandrakumar Soni (PW-3) had parked his Auto rickshaw in front of Kamal Prashad Patel's house which on the next morning, was found missing and subsequently it was seized from the possession of the applicant. Thereafter the report was lodged and after completion of investigation, challan was filed against the accused/applicant under Section 379 IPC.
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3 . After examining the material available on record and the evidence of the witnesses the trial Court convicted the accused/applicant under Section 379 IPC and imposed the sentence of SI for one year and three months. The finding of conviction recorded by the trial Court has subsequently been confirmed by the lower Appellate Court by the judgment impugned hence this revision.
4 . Counsel for the applicant submits that the Courts below have committed an error in convicting and sentencing the accused/applicant as mentioned above though the evidence led by the prosecution was lacking and therefore, the same may be set aside. He further submits that the seizure witnesses have not fully supported the case of the prosecution case, hence benefit of doubt should have given in favour of the accused.
5 . State counsel however supports the judgment under assail and submits that the Courts below have recorded the well reasoned finding while writing the judgment impugned and therefore, no interference there-with is needed by this Court.
6 . Having heard counsel for the parties and perused the evidence of the witnesses - in particular PW-3, PW-5 and considering the fact that the auto rickshaw which was stolen was seized from the possession of the applicant under Ex. P-3 and that the accused/applicant could not produce the receipt thereof showing his ownership of the same, this Court does not see any
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illegality or infirmity in the judgment impugned. Accordingly, the findings so recorded are hereby maintained.
7 . As regards sentence, keeping in view the fact that the incident had taken place in the year 1996, that the accused/applicant has already remained in jail for a period of about 84 days and further that by now he must be leading a well settled life saddled with innumerable responsibilities, this Court thinks it proper to reduce the sentence imposed on him to the period already undergone.
8 . With the above, the revision stands allowed in part.
Sd/-
(Vimla Singh Kapoor) JUDGE
Santosh
1 issue framed by the court
Whether the impugned conviction under Section 379 IPC requires interference in the criminal revision.
1 provisions across 1 enactments
Manoj @ Santosh Sahu
State of Chhattisgarh, Through the District Magistrate, Bilaspur
Vimla Singh Kapoor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
