In a Criminal Revision Case challenging conviction and sentence under IPC Sections 420 and 380 read with 34, the court modified the sentence to the period already undergone in jail, accepting arguments regarding delay and reformation, and partly allowed the revisions.
Sentence modified to the period already undergone by the petitioner in jail.
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BAIL SLIP
The Petitioner / Accused No.2 namely Sriram, Son of Rajamani, Male aged 40 years was directed to be released on bail in and by order of this court dated 12.11.2014 made in M.P.No.1 of 2014 in CRL.R.C.No.1067 of 2014.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
JUDGMENT RESERVED ON : 18.11.2021
JUDGMENT PRONOUNCED ON : 24.11.2021
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
CRL.R.C.NO.1067 OF 2014
Sriram
.. Petitioner
Versus
State rep. by the Inspector of Police, Thevoor Police Station, Salem District. (Crime No.58 of 2012)
.. Respondent
Prayer : Criminal Revision Case is filed under Section 397 & 401 of Cr.P.C., to call for the records and set side the convicton and sentence imposed on the petitioner, by the judgment dated 10.09.2012 in C.C.No.98 of 2012 on the file of the Judicial Magistrate No.I, Sankari, confirmed by the II Additional Sessions Judge, Salem in C.A.No.113 of 2013, by judgment dated 19.08.2014.
For Petitioner : Mr.B.Vasudevan
For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
This Criminal Revision Case is filed by the petitioner/second accused, aggrieved by the judgment of the learned Judicial Magistrate No.I, Sankari, dated 10.09.2013 in C.C.No.98 of 2012, thereby convicting the accused for an offence under Section 420 of Indian Penal Code and imposing a sentence of two years Simple Imprisonment and for an offence under Section 380 of Indian Penal Code read with Section 34 of I.P.C and sentencing to undergo two years Simple Imprisonment and fine of Rs.4,000/- and in default to undergo six months Simple Imprisonment and the Judgment of the learned II Additional Sessions Judge, Salem, dated 19.08.2014 in C.A.No.113 of 2013 confirming the same.
extent.
Sd/-
Assistant Registrar(CS-VIII)
//True Copy//
Sub Assistant Registrar
grs
To
Crl.R.C.No.1067 of 2014
GPL(CO)
RLP(03/12/2021)
2 issues framed by the court
Whether the sentence imposed on the petitioner for offences under Section 420 and 380 read with Section 34 IPC should be modified given the period already undergone in jail.
Whether the Criminal Revision Case filed under Sections 397 and 401 Cr.P.C. to set aside conviction and sentence should be partly allowed on grounds of delay in registration and unexplained recovery.
4 provisions across 2 enactments
Sriram
State
D. Bharatha Chakravarty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
