In a criminal revision petition challenging conviction and sentence for cheating and criminal breach of trust, the High Court of Rajasthan reduced the sentence to the period already undergone and waived the fine while maintaining the conviction.
Sentence reduced to the period already undergone; fine waived; bail bonds discharged; submission to surrender rejected.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 26/2004
Somdutt @ Lilu S/o Balwant Singh, B/c Aheer, R/o Guvana, PS Bahrod, District Alowar.
(At present lodged at District Jail, Churu)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Pravin Vyas For Respondent(s) : Ms. Anita Gehlot, PP with Ms. Kamla Goswami
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
22/05/2024
Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dated 06.01.2004 passed by learned Additional Sessions Judge, Churu (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No.54/2003 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 29.09.2003 passed by the learned Chief Judicial Magistrate, Churu, in Cr. Case No.15/2003, whereby, the learned trial court convicted and sentenced the petitioner as under :
| S.No. | Offence | Sentence | Fine | Sentence in |
|---|---|---|---|---|
| default of fine | ||||
| 1. | 420 IPC | 6 months SI | Rs.100/- | 1 month SI |
| 2. | 471 IPC | 1year SI | Rs.500/- | 3 months SI |
Both the sentences were ordered to run concurrently.
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(2 of 4)
Brief facts of the case are that on 11.11.2002, complainant Pyarelal, the District Probation & Social Welfare Officer, Churu, submitted a report at Police Station Churu to the effect that in pursuance of a false appointment letter issued vide order dated 01.11.2002, the petitioner appeared in the District Office for joining on the post of Warden at Bhukhredi Hostel on the fixed remuneration of Rs.3,700/-. On apprehension, an enquiry was made from Social Welfare Department regarding appointment of the petitioner on the post of Warden and it was found that no such appointment order has been issued in favour of the petitioner. A report in this regard was prepared and sent to the Collector for taking necessary action. On the said report, Police registered a case against the accused petitioner and started investigation.
On completion of investigation, the police filed challan against the accused-petitioner for offence under Sections 420, 471, 198 IPC. Thereafter, the trial court framed the charge against the accusedpetitioner, who denied the charges and claimed trial.
During the course of trial, the prosecution examined as many as five witnesses. Thereafter, statement of the accused-petitioner was recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide impugned judgment dated 29.09.2003 convicted and sentenced the accused-petitioner for offence under Sections 420 & 471 IPC.
Aggrieved by his conviction and sentence, the petitioner preferred an appeal before the learned appellate court, which came to be dismissed vide judgment dated 06.01.2004. Hence this revision petition.
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(3 of 4)
At the threshold, counsel for the petitioner does not challenge the finding of conviction but it is submitted that the occurrence relates back to year 2002 and the petitioner has so far suffered a sentence of sixteen days, out of total sentence of one year S.I. In such circumstances, it is prayed that the substantive sentence awarded to the accused-petitioner for the offence under Sections 420 & 471 IPC may be reduced to the period already undergone by him.
On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the accused-petitioner. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused petitioner nor any compassion or sympathy is called for in the said case.
I have perused the evidence of the prosecution as well as defence and the judgment passed by the courts below regarding conviction of the accused-petitioner.
It is not disputed that the occurrence has taken place in the year 2002 and the accused-petitioner has so far undergone a period of about sixteen days incarceration, out of total sentence of one year S.I., and so also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the accused-petitioner has remained behind the bars for a considerable time, it will be just and proper if the sentence awarded by the trial court for offence under Sections 420 & 471 IPC and affirmed by the appellate court is reduced to the period already undergone by him.
Accordingly, the criminal revision petition is partly allowed. While maintaining the petitioner’s conviction for offence under Sections 420 & 471 IPC, the sentence awarded to him for aforesaid offences is hereby reduced to the period already undergone. The
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(4 of 4)
amount of fine is also hereby waived. The petitioner is on bail. He
need not surrender. His bail bonds stand discharged.
The record of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
13-MS/-
2 issues framed by the court
Whether the sentence pronounced for offences under Sections 420 and 471 IPC can be commuted to the period already undergone by the petitioner.
Whether the fine imposed can be waived given the circumstances of the case and the time spent in custody.
2 provisions across 2 enactments
Somdutt @ Lilu
State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
