In a criminal revision, the High Court maintained the conviction of the petitioner for theft but reduced the sentence from three years rigorous imprisonment to one and a half years running concurrently.
Sentence of imprisonment reduced from three years to one and a half years under Sections 457 and 380 IPC.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision No. 195 / 2017
Amar Singh S/o Shri Raja Ram B/c Jat, R/o Village Purana Behind the Petrol Pump Malakera, Police Station Malakera, Distt. Alwar (rajasthan) (presently He is Confined in Distt. Jail Alwar)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
For Petitioner(s) : Mr. Gurvinder Singh
For Respondent(s) : Mr. Aladeen Khan-P.P.
HON'BLE MRS. JUSTICE SABINA
Order
18/09/2017
Petitioner had faced trial under Sections 457 and 380 Indian Penal Code, 1860 (hereinafter referred as 'IPC'). Trial Court vide judgment/order dated 12.06.2014 ordered the conviction and sentence of the petitioner under Section 457 and 380 IPC. Appeal was filed by the petitioner was dismissed by the Appellate Court vide order dated 29.11.2016. Hence, the present petition.
Learned counsel for the petitioner has not challenged the conviction of the petitioner under Sections 457 and 380 IPC but has submitted that sentence qua imprisonment of the petitioner be reduced. Recovery of stolen articles has arleady been effected. Petitioner is not a previous convict. Petitioner is a young boy and he is the sole bread earner of his family.
(2 of 2)
[CRLR-195/2017]
Accordingly, conviction of the petitioner under Sections 457 and 380 IPC is maintained. However, sentence qua imprisonment of the petitioner is reduced from three years rigorous imprisonment to one and a half years under Sections 457 and 380 IPC. Both the sentences shall run concurrently.
Petition stands disposed of accordingly.
(SABINA) J.
Sudha/75
2 issues framed by the court
Whether the sentence of three years rigorous imprisonment imposed by the appellate court be reduced in view of mitigation.
Whether the recovery of stolen articles and lack of prior conviction warrant a lighter sentence for the offences under Sections 457 and 380 IPC.
2 provisions across 1 enactments
Amar Singh
State of Rajasthan Through PP
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
