Partly allowed

Sohan @ Sonu v. State of Rajasthan

Rajasthan HC8 May 2023CRLR/80/2023

Case brief

AI extract

What is this about?

The High Court condoned the delay in filing the revision petition due to the petitioner's judicial custody. While upholding the conviction for theft, the court reduced the sentence to the period already undergone, ordering immediate release unless wanted in another case.

What did the court decide?

Sentence reduced to the term already undergone; petitioner ordered to be released forthwith if not wanted in any other case.

Sohan @ Sonu Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2023)

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[2023/RJJD/014086]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 80/2023

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Sohan @ Sonu S/o Chatra, Aged About 34 Years, B/c Banjara, R/o Gordhanpura, Police Station Bijoliya, District Bhilwara. (Presently Lodged In District Jail, Bhilwara)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Bhushan Singh Charan For Respondent(s) : Mr. A.R. Choudhary, P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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08/05/2023

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By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dated 09.06.2022 passed by the learned Additional Sessions Judge No.3, Camp Mandalgarh, District Bhilwara in Criminal appeal No.307/2018 whereby the learned Judge affirmed the judgment of conviction and order of sentence dated 02.06.2017 passed by learned Judicial Magistrate, Bijoliya, District Bhilwara in Criminal Regular Case No. 199/2016; whereby the petitioner has been convicted for the offence under Section 380 of IPC and has been sentenced to suffer rigorous imprisonment of 3 years and a fine of Rs.50,000/and in default, he has been directed to further undergo six months' of additional rigorous imprisonment.

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The defect of non-filing of the affidavit is over-ruled in view of the fact that the petitioner is in judicial custody.

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The revision petition is time barred by 74 days. An application under Section 5 of the Limitation Act has been filed seeking condonation of delay.

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Heard on the application under Section 5 of the Limitation Act.

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It is contended that the petitioner is behind the bars and there was no one to pursue his cause and to render legal assistance to him, therefore, he was deprived from filing the petition within the stipulated period.

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Considering the submissions advanced and the grounds mentioned in the application under Section 5 of the Limitation Act, the same is allowed. The delay in filing the revision petition is condoned.

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With the consent of the learned counsel for the parties, the revision petition itself is being heard and decided today.

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Briefly stated, the facts of the case are that on 07.07.2016, an FIR No.190/2016 came to be lodged at the Police Station Bijoliya, District Bhilwara at the instance of the complainant – Kishor alleging therein that on 06.07.2016, the accused committed a theft of Rs.10,000/- and a gold Madaliya from the house of his maternal grandmother. During investigation, the accused-petitioner was arrested and in furtherance of the information provided by him under Section 27 of the Evidence Act, a gold Madaliya was recovered at his instance. After usual

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investigation, charge-sheet came to be submitted against him under Section 380 of IPC.

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The Learned Magistrate framed charges against the petitioner and upon denial of guilt by the accused, commenced the trial. During the course of trial, as many as 10 witnesses were examined and 9 documents were exhibited. Thereafter, an explanation was sought from the accused-petitioner under Section 313 Cr.P.C. and then, after hearing the learned counsel for the accused petitioner and meticulous appreciation of the evidence, learned Trial Judge has convicted the accused for offence under Section 380 of the IPC vide judgment dated 02.06.2017. Aggrieved by the judgment of conviction, he preferred an appeal before the Sessions court which affirmed the judgment passed by the trial court. Both these judgments are under assail before this court in the instant revision petition.

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Learned counsel Mr. Bhushan Singh Charan, representing the petitioner, at the outset submits that he does not dispute the finding of guilt and the judgment of conviction passed by the learned trial court and affirmed by the learned appellate court, but at the same time, he implores that the incident took place in the year 2016. He had remained in jail for some time during the proceedings of trial and thereafter, he is in custody since 09.06.2022, i.e. from the date of judgment passed in appeal. Other than the present one, only one other case for the offence under Section 454 of the IPC has been reported against him. He belongs to a very poor family and is a weaker person of the society. He was a young boy on the date of incident and presently

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he is 34 years old. He is facing trial since the year 2016 and he has languished in jail for more than 11 months, therefore, a lenient view may be taken in reducing his sentence.

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Learned public prosecutor though opposed the submissions made on behalf of the petitioner but does not refute the fact that the petitioner has remained behind the bars for more than 11 months and only one other case for the offence under Section 454 of the IPC has been registered against the petitioner.

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Since the revision petition against conviction is not pressed and after perusing the material, nothing is noticed which requires interference in the finding of guilt reached by learned trial court, this court does not wish to interfere in the judgment of conviction. Accordingly, the judgment of conviction is maintained. 13. As far as the question of sentence is concerned, it is true that the petitioner is behind the bars since last 11 months. He has been shown to be indulged in only one other case, which is for the offence under Section 454 of the IPC. Thus, in the light of the judgments passed by the Hon’ble Supreme Court in the cases of Haripada Das Vs. State of West Bangal reported in (1998) 9

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SCC 678 and Alister Anthony Pareira vs. State of Maharashtra reported in 2012 2 SCC 648 and considering the circumstances of the case, age of the petitioner, his status in the society and the fact that the case is pending since a pretty long time for which the petitioner has suffered more than 11 months' incarceration out of the sentence of 3 years imposed upon him as well as the fact that he faced financial hardship and had to go through mental agony, this court deems it appropriate to reduce

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the sentence to the term of imprisonment that the petitioner has already undergone till date.

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Accordingly, the judgment of conviction dated 02.06.2017 passed by the Judicial Magistrate, Bijoliya, District Bhilwara in Criminal Regular Case No. 199/2016 as well as the judgment of appeal passed by the learned Additional Sessions Judge, No.3, Camp Mandalgarh, District Bhilwara in Criminal appeal No.307/2018 dated 09.06.2022 are affirmed but the quantum of sentence awarded by the learned Trial Court is modified to the extent that the sentence he has undergone till date would be sufficient and justifiable to serve the interest of justice. The petitioner is in judicial custody. He shall be released forthwith if not wanted in any other case.

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The revision petition is allowed in part.

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Pending applications, if any, are disposed of.

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Record be sent back to the trial court.

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(FARJAND ALI),J

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203-Pramod/-

Sohan @ Sonu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sohan @ Sonu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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