Gopal Pandey v. State
Case brief
What is this about?
Criminal appeal regarding conviction for offence under Sec 354 IPC. Court found offence was bailable at the time. Ordered conviction maintained but sentence reduced to period undergone, suspended, and accused released on bail.
What did the court decide?
Conviction maintained, sentence reduced to period undergone, suspended and appellant released on bail; bail bonds cancelled.
What the court decided
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
O R D E R
S.B.CRI MI NAL APPEAL NO.26 5 / 1 9 8 8 ( Gopal Pan dey Vs. St at e)
DATE OF ORDER : : : : : 04-05-2015 HON ' BLE MR.JUSTI CE MAHESH CHANDRA SHARMA
Mr.Anil Jain, for the appellant/ s.
Mr.Jitendra Srimali, Public Prosecutor for State.
This appeal has been filed against the judgment dated 29.6.1988 passed by learned Addl. Sessions Judge No.1, Alwar in sessions case no. 46/ 1987 whereby he has convicted the appellant for the offence under Sec.354 IPC and sentenced him for 2 years RI and imposed a fine of Rs.500/ - in default of payment of fine to further undergo six months RI.
Briefly stated facts of the case are that on 1.7.1987 at about 12.30 pm Mst. Meera Devi lodged a report to the effect that yesterday at 6.00 pm she went inside the house for filling up water and then she poured one bucket in the bathroom. At that time, Gopal Pandey-appellant came insite the room and asked for bringing a glass of water, she refused to give glass of water as also 'bidi' and when he tried to commit rape, she ran away. On the basis of said report, the police registered an FIR for the offences under Sec.376/ 511 IPC. After usual investigation, police filed charge-sheet before the concerned court/ Magistrate, from where the case was committed to the court of Addl. Sessions Judge, Alwar for trial. The trial court has framed the charges for the aforesagid offences. The prosecution examined as many as 10 witnesses and got exhibited certain documents. Statement of appellant under Sec. 313 Cr.P.C. was recorded. After hearing both the sides, the learned trial court has convicted and sentenced the appellant as indicated above vide judgment dated 29.6.1988.
Issues for consideration
2 issues framed by the court
Whether the appellant, who was in custody at the time of the bailable offence, should be released or have his sentence reduced.
Whether the conviction and certain aspects of the sentence require modification in the circumstances of the case.
Parties & counsel
- appellant
Gopal Pandey
- respondent
State
Coram
MAHESH CHANDRA SHARMA
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- CRLA/265/1988
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