The High Court dismissed the State's special criminal appeal seeking enhancement of the sentence awarded by the Additional Sessions Judge, Jhalawar, for theft of transformer oil.
Appeal dismissed; sentence awarded by trial court upheld.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 1505 / 2016
State Of Rajasthan
----Appellant
Versus
Manohar Singh And Ors
----Respondents
For Appellant(s) : Mr. N.S. Dhakad, PP For Respondent(s) :
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
14/12/2017
Present appeal has been filed under Section 377 of the Code of Criminal Procedure by the State of Rajasthan seeking enhancement of the sentence awarded upon the accusedrespondents by the court of Additional Sessions Judge, Jhalawar.
The case of the prosecution is that Praveen Kumar Gurjar, Junior Engineer, JVVNL, Pidawa on 10.04.2014 had lodged a written report that certain unidentified and unknown persons committed theft of transformer oil from the transformer kept at the well of the village.
On completion of trial, the trial Judge held accusedrespondents guilty of offence under Sections 136/137 of the Indian Electricity Act. Having convicted the accused-respondents for the above said offences. The trial Judge considering that accused-respondents belong to the poor starta of the society, they are young persons and have responsibility of the family to
(2 of 2)
[CRLA-1505/2016]
lookafter, came to the conclusion that reformation of the accusedrespondents is called for and therefore, they should be leniently dealt with. Thus, the trial Judge awarded sentence for a period already undergone in police custody and till rising of the court along with fine of Rs.2,000/-. In default of payment of fine, accused-respondents were directed to undergo 15 days simple imprisonment.
Sections 136/137 of Indian Electricity Act prescribe imprisonment which can be extended to 3 years imprisonment. It is well settled legal proposition that in case of first offence an effort should be made to reform the criminal. Therefore, after the trial Judge taking mitigating circumstances, has exercised his discretion for reformation of the accused-respondents, on the ground that they are first offenders and young in age, no interference is warranted and hence, present appeal for enhancement being devoid of merits is dismissed.
(KANWALJIT SINGH AHLUWALIA)J.
Heena/106
2 issues framed by the court
Whether the High Court should interfere with the trial court's lenient sentence considering the accused are first offenders and young.
Whether the discretionary sentence awarded by the Additional Sessions Judge warrants enhancement by the High Court.
2 provisions across 2 enactments
State Of Rajasthan
Manohar Singh And Ors
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
