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2001 DIGILAW 178 (RAJ)

Jagdish Ram v. State of Rajasthan

2001-02-05

N.P.GUPTA

body2001
JUDGMENT 1. - Having heard the learned counsel for the parties and having gone through the impugned judgments, I am satisfied that the learned courts below have rightly convicted the petitioner for the offences under Section 457 and 380 IPC. Learned counsel for the petitioner took me through the entire evidence also and even thereafter I am satisfied that both the offences are sufficiently established against the petitioner. 2. The findings of conviction recorded by the learned courts below, therefore, do not require any interference and they are upheld. 3. Thereafter the learned counsel submitted that the petitioner be given benefit of probation of Offenders Act. Suffice it to say that the learned Sessions Judge has given sufficient reasons for declining to give such benefit as well. Then it was submitted that the sentence awarded to the petitioner being excessive, be reduced. 4. Having perused the record, I find that the petitioner was arrested on 15.10.99 and since then he is in custody. Thus by now he has already remained in Jail for more than 15 months. The entire amount said to have been stolen has already been recovered, the petitioner has already suffered the loss of his employment. Taking an overall view of the matter, I am inclined to slightly reduce the sentence from the period of imprisonment of two years awarded by the learned courts below to a period of one and half while maintaining the fine. 5. Accordingly, the revision petition is partly allowed. The convictions recorded by two courts below are maintained. However, the substantive sentence of imprisonment of two years awarded by the learned courts below on each count is reduced to a period of one and half years on each count.Revision Partly allowed. *******