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2014 DIGILAW 2158 (RAJ)

Ram Prasad v. State of Rajasthan

2014-12-18

GOPAL KRISHAN VYAS

body2014
JUDGMENT 1. - Heard the learned counsel for the petitioner and learned Public Prosecutor finally. 2. The learned counsel for the petitioner submits that the accused-petitioner was convicted for offence under Sections 6/8 of the Rajasthan Bovine Act, 1955 and was punished for six months rigorous imprisonment with a fine of Rs. 2,000/- by the learned Trial Court vide judgment dated 19.09.2012 in Criminal Misc. Case No 177/2003. Against that judgment, the petitioner preferred an appeal before learned Sessions Judge, Chittorgarh but the learned Appellate Court dismissed the appeal and maintained the conviction and sentenced awarded to him. 3. The learned counsel for the petitioner further submits that the petitioner is behind the bars since 11.12.2004 and sentence awarded to him is excessive. The learned counsel for the petitioner further vehemently argued that the petitioner is facing trial since the year 1995 and as such almost 19 years have been passed and therefore, the learned counsel prays to reduce the sentence already undergone by him for the aforesaid offences. 4. The learned counsel for the petitioner is not challenging the conviction for committing offences under Sections 6/8 of the Rajasthan Bovine Act, 1955 but submits that sentence awarded to the petitioner may kindly be reduced to the period already undergone by him. 5. The learned Public Prosecutor vehemently opposed the prayer and submits that it is case in which allegations are of serious nature and when the petitioner is not challenging the conviction then, the punishment awarded to the petitioner is appropriate and justified and therefore, the instant revision petition may be dismissed. 6. After hearing the learned counsel for the parties, I am of the opinion that the sword of the criminal proceeding is hanging upon the head of the petitioner since the year 1995 and he was punished by the learned Trial court after a marathon of trial in the 2012 for the offences committed in the year 1995 and ultimately punished for offences under Sections 6/8 of the Rajasthan Bovine Act, therefore, in the interest of justice, the sentence of six months awarded to the petitioner is required to be reduced from six months to the period already undergone by him in custody. 7. 7. In view of above and to secure the ends of justice, this revision petition is partly allowed and accordingly it is ordered that the sentence awarded to the petitioner is reduced to the period already undergone by him in custody. The petitioner Ramprasad S/o Shri Mithalal be released forthwith, if not required in any other case.Petition Partly Allowed. *******