Appeal against conviction and one-year rigorous imprisonment under Section 417 IPC. Conviction upheld, but sentence modified: appellant, a teacher with no criminal antecedents, released on probation for two years on filing sureties and a personal bond.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 1390 of 2004
(Against the judgment of conviction and the order of sentence dated 23.07.2004/24.07.2004 passed by learned Additional District & Sessions Judge, Fast Track Court No.1, Gumla in Sessions Trial No. 74 of 2003.
Ashok Oraon
Ashok Oraon ….. Appellant Versus The State of Jharkhand ….. Respondent ---
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--For the Appellants : Mr. Sunil Kumar, Advocate For the Resp.-State : Mr. Ram Pravesh Prajapati, A.P.P
13/ 05.01.2024 Heard learned counsel for the parties.
2. The instant appeal is directed against the judgment of conviction and order of sentence dated 23.07.2004 & 24.07.2004, respectively, passed by the learned Additional District & Sessions Judge, Fast Track Court No.1, Gumla in Sessions Trial No. 74 of 2003; whereby the appellant has been found guilty for the offence punishable under Section 417 I.P.C and has been sentenced to undergo Rigorous Imprisonment for one year and to pay fine of Rs. 1000/- and in default thereof, further sentenced to undergo Simple Imprisonment for three months.
3. At the outset, learned counsel for the appellant submits that there is no criminal antecedent of the appellant and without going into the merits of the case the appeal may be disposed of by giving benefit of Probation of Offenders Act to this appellant; inasmuch as, on the one hand there is no criminal antecedent and on the other hand petitioner is working as Teacher in the school of his village; as such, in the interest of justice, the order of sentence may be modified accordingly.
5. Learned A.P.P does not have any objection so far as giving benefit of Probation of Officers is concerned as the petitioner is having no criminal antecedent.
6. Having heard learned counsel for the parties and after going through the impugned judgment and the documents available on LCR, and looking to the comprehensive facts and circumstances of the case and the deposition of the
2.
prosecution witnesses who have considerably proved the case of the prosecution and the findings of the trial court; this Court is not inclined to interfere with the Judgment of conviction and thus the same is sustained.
7. Now coming to the argument of learned counsel for the appellant that the appellant may be given benefit of Section 4 of the Probation of Offenders Act it appears that the appellant is a teacher and not a habitual offender and there is no criminal antecedent whatsoever, except the present one.
As a result, the appellant is directed to be released under Section 4 of the Probation of Offenders Act. The appellant shall file two sureties to the tune of Rs.25,000/- coupled with personal bond to the effect that he shall not commit any offence and shall be of good behaviour and shall maintain peace during the period of two years. If there is breach of any conditions, he will subject himself to undergo sentence as directed by the learned trial court. The bond aforesaid be filed by the appellant within eight weeks from the date of receipt/production of copy of this judgment.
9. With the aforesaid observations, directions and modification in sentence only, the instant criminal appeal stands disposed of.
10. The appellant shall be discharged from the liability of his bail bonds.
11. Let the lower court record be sent to the court concerned forthwith.
(Deepak Roshan, J.)
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2 issues framed by the court
Whether the conviction under Section 417 IPC should be sustained.
Whether the appellant should be released on probation under Section 4 of the Probation of Offenders Act instead of undergoing imprisonment.
3 provisions across 2 enactments
Ashok Oraon
The State of Jharkhand
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
