State Of Rajasthan v. Chandra Avtar, S/o. Ramavtar
2025-12-08
FARJAND ALI
body2025
DigiLaw.ai
JUDGMENT : FARJAND ALI, J. 1. These two matters i.e., the appeal preferred by the State seeking enhancement of the sentence awarded by the learned Chief Judicial Magistrate, Nagaur in Criminal Case No.4/85, and the revision petition instituted by the complainant for the very same relief, have remained pending before this Court for a considerable length of time, i.e., since the years 1989 and 1993 respectively. Both proceedings emanate from the same judgment and arise out of the same transaction between the same set of parties. The issues involved in both matters are thus common and interrelated, and the learned counsel representing the respective parties in both proceedings are also the same. In view of the identical factual background, common questions of law, and with the express consent of the parties, this Court deemed it appropriate to hear both matters together. Accordingly, both the State appeal and the complainant’s revision petition are being disposed of by this common order. 2. The prosecution case originated from an FIR (Ex. B-17) lodged at the instance of complainant Ajit Ali, alleging that the accused-respondents induced him into believing that they would arrange his immigration to a foreign country through a smooth process and would procure all necessary documentation including passport and visa. It was alleged that relying upon these assurances, the complainant paid ?13,000/- to the accused for securing the requisite documents for a promised foreign trip. The FIR further narrates the manner in which the complainant accompanied the accused and followed their directions. It also alleges similar fraudulent acts committed upon 13 other persons, resulting in monetary loss to them. The grievance expressed was that the promised work relating to passport, visa, and immigration was never completed and the amount collected was never returned. At one stage, it was alleged that certain amounts and articles were forcibly taken, aggravating the accusations. 2.1. On this information, a case was registered for offences under Sections 420 , 392, and 120-B IPC . The accused were arrested, investigated, and charge-sheeted. Upon cognizance, charges under , 392, 120-B, 468, 467 and 471 were framed. During trial, the prosecution examined 26 witnesses and exhibited several documents. The accused were examined under Section 313 CrPC. In defence, two witnesses were examined. 2.2.
The accused were arrested, investigated, and charge-sheeted. Upon cognizance, charges under , 392, 120-B, 468, 467 and 471 were framed. During trial, the prosecution examined 26 witnesses and exhibited several documents. The accused were examined under Section 313 CrPC. In defence, two witnesses were examined. 2.2. Upon a comprehensive appreciation of the oral as well as documentary evidence adduced during the course of trial, the learned Trial Court, namely the Court of the Additional Chief Judicial Magistrate, Nagaur, vide its judgment of conviction and order of sentence dated 08.11.1988 passed in Criminal Case No. 4/85, recorded findings of guilt against the respondents and proceeded to convict and sentence them in the manner indicated hereinbelow: Name of the accused Offence for which convicted Substantive sentence Fine and default sentence Abdul Salim 420 IPC 3 years’ RI Fine of Rs.1,000/- 468/471 IPC 1 year’s RI Fine of Rs.500/- 392 IPC 6 months’ RI Fine of Rs.500/- and in default in payment of fine to undergo six month’s SI Chandra Avtar 420 r.w. 120-B IPC 3 years’ RI Fine of Rs.1000/- and in default in payment of fine to undergo six month’s SI It was further directed that accused Abdul Salam shall undergo the aforesaid sentences separately and the period already spent by him in police and judicial custody during investigation and trial shall be set off against the substantive sentence. The trial Court acquitted both the accused from the charge under Sections 467 , 468 and 466 of the IPC . 2.3. Aggrieved by the said judgment, the appellant–State has preferred an appeal, and the complainant has filed a criminal revision petition, both seeking enhancement of the sentence awarded to the accused. These proceedings have given rise to the present appeal by the State and the revision petition by the complainant. 3. I have heard the learned counsel for the parties at considerable length and have meticulously examined the entire record of the case, including the impugned judgment of conviction and order of sentence passed by the learned Trial Court. 3.1.
These proceedings have given rise to the present appeal by the State and the revision petition by the complainant. 3. I have heard the learned counsel for the parties at considerable length and have meticulously examined the entire record of the case, including the impugned judgment of conviction and order of sentence passed by the learned Trial Court. 3.1. The State of Rajasthan has preferred the present appeal seeking enhancement of sentence on three broad grounds, i) That the judgment of the learned Magistrate is contrary to law and facts of the case; ii) That the sentences passed by the learned Magistrate are inadequate and not according to law; iii) That looking to all the facts and circumstances and gravity of the offences, the learned Magistrate ought to have passed adequate and proper sentences. 3.2. At the outset, it is apt to reiterate that one of the fundamental tenets of sentencing jurisprudence is that the punishment must fit the crime. The legislature, fully conscious of the varied factual matrices which may attend criminal conduct, has conferred wide discretion upon the convicting court to determine an appropriate sentence after affording the accused an effective opportunity of hearing in terms of Sections 235 and 255 of the Code of Criminal Procedure. Such discretion, however, is not unbridled, nor is it intended to be exercised in a whimsical, callous, or mechanical manner. 3.3. The sentencing court is duty-bound to judiciously assess a constellation of relevant factors, including the nature and seriousness of the offence, the manner of its commission, the attendant circumstances, the socio-economic background of the offender, his mental and physical condition, age, character, prior antecedents, and the broader societal repercussions of the crime. The sentencing process must thus reflect a balanced, rational, and conscientious exercise of judicial discretion rather than an arbitrary or unscrupulous imposition of punishment. 3.4. It is equally well settled that the complainant has no independent statutory right to assail the inadequacy of sentence. Nonetheless, in appropriate cases, the revisional court may examine the correctness and propriety of the sentence.
The sentencing process must thus reflect a balanced, rational, and conscientious exercise of judicial discretion rather than an arbitrary or unscrupulous imposition of punishment. 3.4. It is equally well settled that the complainant has no independent statutory right to assail the inadequacy of sentence. Nonetheless, in appropriate cases, the revisional court may examine the correctness and propriety of the sentence. The State, acting as parens patriae, is vested with the authority to seek enhancement where there exists a reasonable basis to conclude that the sentence awarded is palpably disproportionate to the gravity of the offence, or where the approach of the Trial Court exhibits a callous disregard of material considerations or a manifest misapplication of settled principles of law. 3.5. However, the power of enhancement must be invoked sparingly and with circumspection. Appellate interference in sentencing is neither a routine exercise, nor can it be founded upon a mere difference of opinion. Enhancement cannot be granted in an unscrupulous or overzealous manner, bereft of compelling justification. The appellate court would ordinarily refrain from substituting its own view unless the sentence suffers from perversity, patent illegality, or is demonstrably inadequate due to non-consideration of relevant factors. 3.6. When the case at hand is evaluated against the aforesaid legal parameters, it becomes evident that none of the offences for which the respondents stand convicted prescribes a statutory minimum sentence. The learned Trial Court, therefore, had a wide sentencing latitude ranging from a nominal term to the maximum permissible punishment under law. There is no material on record to suggest that the learned Magistrate exercised this discretion in a careless, perfunctory, or callous manner. On the contrary, the sentence awarded falls squarely within the statutory framework. 3.7. Significantly, neither the State nor the complainant has adduced any cogent material to substantiate the plea that the punishment imposed is so lenient as to shock the conscience of the Court. No specific infirmity, perversity, or legal misdirection in the sentencing process has been pointed out. The memorandum of appeal reflects a rather casual and generalized grievance, lacking in substantive reasoning, and does not disclose any extraordinary circumstance warranting enhancement. The revision petition, too, rests upon broad assertions and fails to demonstrate that the sentence is the result of an unscrupulous or arbitrary exercise of discretion. 4.
The memorandum of appeal reflects a rather casual and generalized grievance, lacking in substantive reasoning, and does not disclose any extraordinary circumstance warranting enhancement. The revision petition, too, rests upon broad assertions and fails to demonstrate that the sentence is the result of an unscrupulous or arbitrary exercise of discretion. 4. In view of the foregoing analysis, this Court is of the considered opinion that no material irregularity, perversity, or illegality can be attributed to the order of sentence passed by the learned Trial Court. The sentence has been imposed after due consideration of the relevant factors and within the bounds of lawful discretion. As neither the State nor the complainant has succeeded in establishing any compelling ground for interference, both the appeal seeking enhancement of sentence and the revision petition are devoid of merit. 5. Accordingly, the State’s appeal as well as the complainant’s revision petition stand dismissed. The conviction and sentence imposed by the learned Additional Chief Judicial Magistrate, Nagaur, vide its judgment of conviction and order of sentence dated 08.11.1988 passed in Criminal Case No. 4/85, is hereby affirmed. 6. Record be sent to the trial Court forthwith.