Partly allowed

Jairam S/O Shri Ganpat B/C Meena v. State of Rajasthan through Pp

Rajasthan HC18 Jan 2019CRLR/1425/2018

Case brief

AI extract

What is this about?

High Court partly allowed criminal revision petition. Upheld conviction for offences under IPC Sections 380 and 457. Reduced sentence to period already undergone. Petitioner must deposit fine or suffer imprisonment in lieu.

What did the court decide?

Sentence reduced to period already undergone; conviction upheld; fine payable or imprisonment in lieu.

Jairam S/O Shri Ganpat B/C Meena Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision No. 1425/2018

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Jairam S/o Shri Ganpat B/c Meena, R/o Nayay Ki Dhani, Ten Bhiharisar Police Station Thanagazi, District Alwar. (At Present The Accused Petitioner Is Confined In The District Jail, Alwar).

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----Petitioner

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Versus

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State Of Rajasthan through PP, Rajasthan.

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----Respondent For Petitioner(s) : Mr. Anil Kumar Jain. For Respondent(s) : Mr. R.R. Singh Rathore, PP.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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18/01/2019

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Petitioner has preferred this revision petition aggrieved by Judgment and Order dated 05.06.2013 passed by Civil Judge and Judicial Magistrate, Thangazi, Alwar, vide which petitioner was convicted for offence under Section 457 & 380 of IPC and has been sentenced to undergo two years and six months simple imprisonment and fine of Rs.500/- for offence under Section 457 and non deposit of fine, further undergo 15 days simple imprisonment and has been sentenced two years and eight months and fine of Rs.500/- on non deposit of fine, further undergo 15 days simple imprisonment and against the Judgment and Order dated 01.08.2018 passed by Additional Sessions Judge, No.3, Alwar, whereby appeal preferred by the petitioner was rejected.

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(2 of 2)

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[CRLR-1425/2018]

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It is contended by counsel for the petitioner that petitioner is not challenging the judgment of conviction. His only prayer made before the Court that sentence be reduced to the period already undergone by the petitioner, as the matter is of January 2002. Out of five persons, which are made accused, two persons have been acquitted. One has been declared as proclaimed offender and one has confessed. Petitioner is not having any criminal antecedent and is not involved in any case after year 2002. It is also contended that petitioner has faced the agony of trial for a period of 17 years.

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Learned Public Prosecutor has opposed the revision petition.

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I have considered the contentions.

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Taking note of the fact that the offence is of January 2002. Petitioner has remained in custody for a period of more than five months and has faced the agony of trial for 17 years. Two of coaccused have been acquitted by the trial court and petitioner is not challenging the judgment of conviction, I deem it proper to partly allow the revision petition.

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The revision petition is partly allow, while upholding the judgment of conviction passed by the courts below. Sentence awarded to the petitioner is reduced to the period already undergone by him. Petitioner however would be required to deposit the fine as imposed by the court below or suffer imprisonment in lieu of non deposit of fine.

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Application for Suspension of Sentence stands disposed.

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(PANKAJ BHANDARI),J.

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Chandan/114

Jairam S/O Shri Ganpat B/C Meena v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Jairam S/O Shri Ganpat B/C Meena v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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