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2016 DIGILAW 2073 (HP)

Manju @ Maju v. State of H. P.

2016-09-26

VIVEK SINGH THAKUR

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JUDGMENT : Vivek Singh Thakur, J. Petitioner has assailed judgment dated 2.9.2015 passed by Additional Sessions Judge-I, Kangra at Dharamshala, District Kangra in Jail Appeal No. 1-D/X/2014 affirming conviction but reducing sentence imposed upon petitioner by learned Judicial Magistrate Ist Class, Court No. II, Nurpur vide judgment dated 10th December 2013 in Cr. Case No. 14-II/2013. 2. I have heard learned counsel for parties and also gone through record. 3. Petitioner was convicted by trial Court under Sections 457 (Part-II) and 380 of IPC and was sentenced to undergo rigorous imprisonment for three years each and also to pay fine of Rs. 10,000/- each for both offences. Petitioner was further sentenced to undergo simple imprisonment for six months for each default in case of payment of fine imposed upon him. 4. During pendency of appeal before Addl. Sessions Judge petitioner had moved an application through counsel accepting her conviction with request for taking lenient view in sentencing her. It was submitted on her behalf that her application be treated as mercy application/ petition for taking lenient view in deciding appeal. 5. Learned Addl. Sessions Judge, had considered the application and keeping in view circumstances of the case had reduced sentence from three years each to two years each under Sections 457 (Part-II) and 380 of IPC. Fine was also reduced to its half i.e. from Rs. 10,000/- each to Rs. 5,000/- each for both offences. Sentence of further imprisonment for default in payment of fine was also reduced from six months to three months for each default. 6. Learned counsel for petitioner admitted that as a consequence of acceptance of guilt and conviction it is not open for petitioner to assail her conviction in this revision petition, however, he submitted that in revisional jurisdiction this Court has power to assess correctness and reduce quantam of sentence. Learned counsel for petitioner submitted that courts below have failed to consider case of petitioner for granting benefit of Section 4 of Probation of Offender Act 1958. 7. Imprisonment for the offence under Section 457 (Part-II) IPC can be extended for 14 years and for offence under Section 380 IPC sentence can be extended up to 7 years. Trial Court had sentenced petitioner to undergo rigorous imprisonment for three years each under Sections 457 (Part-II) and 380 IPC with fine of Rs. 10,000/- each for these offences. Learned Addl. Trial Court had sentenced petitioner to undergo rigorous imprisonment for three years each under Sections 457 (Part-II) and 380 IPC with fine of Rs. 10,000/- each for these offences. Learned Addl. Sessions Judge has duly considered mitigating circumstances and has reduced sentence from three years each to two years each and not only period of imprisonment, but the fine amount as well as period of imprisonment for default in making payment of fine has also been reduced. No ground for further reduction is made out in present petition either in period of imprisonment or fine. 8. Plea of counsel for petitioner for extending benefit of Section 4 of Probation of Offenders Act is also not tenable as provisions of this section are not applicable in present case as maximum sentence for offences in question in present case is more than 7 years. 9. After considering submissions of learned counsel for petitioner and scrutinizing record, I find that there is no material irregularity, illegality, perversity or any other infirmity in the impugned judgment warranting interference of this Court. 10. In view of above discussion, petition is dismissed being devoid of merit. Record of Courts below be sent back with copy of judgment.