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1998 DIGILAW 1023 (RAJ)

Roshan Lal v. State of Rajasthan

1998-09-16

G.L.GUPTA

body1998
JUDGMENT 1. - This revision is directed against the appellate judgment dated 29.8.98 passed by the learned Addl. Sessions Judge No. 1 Sri Ganganagar whereby he upheld the conviction of the petitioner under Section 354, 341 and 323 IPC and sentence of six months S.I. and a fine of Rs. 500/- under the first count, one month S.I. and a fine of Rs. 100/- under the sound count and one month S.I. and a fine of Rs. 100/- under the third count. 2. It is not necessary to state the facts of the case is Mr. Garg frankly concedes that the prosecution has successfully brought home the guilt of the accused and he does not challenge the conviction of the petitioner. The only submission of Mr. Garg is that the petitioner has already remained in custody for 17 days and keeping in view the fact that he has faced the rigour of trial for five years, this should be considered sufficient sentence. 3. The learned Public Prosecutor does not seriously oppose the request of Mr. Garg. 4. I have gone through the statements of the witnesses which have been available by Mr. Garg at the time of arguments. By the evidence it is amply proved that the accused had outraged the modesty of Smt. 'S'. Therefore, the conviction of the petitioner is well merited. 5. Coming to the sentence, it is noticed that the incident had taken place in the year 1993. The petitioner has suffered 17 days imprisonment. Taking ail the facts & circumstances into consideration, I think it proper to reduce the sentence of imprisonment to the period already undergone by the petitioner while maintaining the sentence of fine. 6. Consequently, the revision petition is partly allowed. While maintaining the conviction of the petitioner, the sentence of imprisonment under all the counts is reduced to the period already undergone by him. The sentence of fine shall stand. If the fine is deposited, the petitioner shall be released forthwith if not required in any other case. *******