High Court upheld conviction in 19-year-old theft/trampling case via Section 397 CrPC revision but commuted mandatory sentence to time already served, ordering immediate release despite initial custody orders.
Sentence reduced to period undergone; petitioner released forthwith from judicial custody not wanted elsewhere.
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.
[2023:RJ-JD:37901]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 368/2017
Naru Lal @ Nariya S/o Shri Paru Nath @ Pariya, By Caste Kalbeliya, Resident Of Bhurwada, Railmagra Police Station, District Rajsamand. Lodged In Central Jail, Udaipur
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Ms. Rajni Mathur Mr. Sanjay Mathur For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/11/2023
[2023:RJ-JD:37901]
[CRLR-368/2017]
(2 of 4)
Mohanlal Jat, resident of Amarpur submitted a written report at the Police Station Kheroda on 30.07.2004 to the effect that on that day at 10 a.m., he went to his well after locking his room and when he came back at around 01.00 p.m., the lock was broken and a boy came running out. An amount of Rs.9800/- was stolen. The boy was caught by the villagers. On the aforesaid report, FIR No.96/2004 for the offences under Sections 454 and 380 of the IPC was registered and after usual investigation, a charge-sheet was filed against the present petitioner and one more person for the aforesaid offences. The learned trial court framed charges and after full-fledged trial, convicted and sentenced the petitioner in the manner stated above and the appeal preferred thereagainst also came to be dismissed. Hence, this revision petition has been preferred.
(3 of 4) [CRLR-368/2017]
[2023:RJ-JD:37901]
(4 of 4)
[2023:RJ-JD:37901]
[CRLR-368/2017]
Supreme Court in the cases of Haripada Das Vs. State of West Bangal reported in (1998) 9 SCC 678 and Alister Anthony Pareira vs. State of Maharashtra reported in 2012 2 SCC 648 and considering the facts and circumstances of the case, age of petitioner, period of incarceration, his status in the society and the fact that he faced financial hardship and had to go through mental agony, this court is of the view that ends of justice would be met, if sentences imposed upon the petitioner for each count are reduced to the one already undergone by him.
(FARJAND ALI),J
6-Pramod/-
3 issues framed by the court
Whether conviction requires interference under Section 397 CrPC after protracted trial.
Whether sentence awarded for theft and trespassing should be reduced to period undergone.
Whether petitioner deserves remand in view of his age, poverty, and prolonged incarceration.
Colour shows how this judgement treated each authority
Haripada Das Vs. State of West BangalReferred¶24
Haripada Das Vs. State of West Bangal; (1998) 9 SCC 678 · Who else cites this
Alister Anthony Pareira vs. State of MaharashtraReferred¶24
Alister Anthony Pareira vs. State of Maharashtra; 2012 2 SCC 648 · Who else cites this
2 provisions across 2 enactments
Naru Lal @ Nariya S/o Shri Paru Nath @ Pariya
The State Of Rajasthan
FARJAND ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
