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Annu Swamy S/O Suresh Kuamr Swamy … vs State Of Rajasthan Through Pp on 3 January, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Application No.683/2018
IN

S.B. Criminal Appeal No. 2132/2018

Annu Swamy S/o Suresh Kuamr Swamy B/c Swamy, R/o
Keetpura Ps Sadar Neem Ka Thana Dist. Sikar
—-Appellant
Versus
State Of Rajasthan Through Pp, Raj.
—-Respondent

For Appellant(s) : Mr. Vidhut Kumar Gupta
For Respondent(s) : Mr. Sudesh Saini, PP

HON’BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

03/01/2019

1. Heard on the application for condonation of delay.

2. It is contended by counsel for the appellant that appellant

was informed by the counsel that he has been acquitted, whereas

infact appellant was convicted and his sentence was limited to the

extent of imprisonment already suffered by the appellant. It is

contended that the conviction is likely to affect future carrier of

the appellant and for that reason, the appeal is being filed.

3. I have considered the contentions and have perused the

impugned order.

4. Appellant was convicted under Section 354 I.P.C. and was

sentenced to the period already undergone. Further cost of

Rs.12,000/- was also imposed upon him. The contention of

counsel for the appellant that he was informed by the counsel that
(2 of 2) [CRLAS-2132/2018]

he has been acquitted, cannot be considered to be a genuine

ground as appellant has been convicted and he has also been

directed to deposit fine of Rs.12,000/-, part of which to be paid to

the prosecutrix as compensation. On non-payment of fine,

appellant was directed to undergo simple imprisonment of three

months.

5. The appeal is belated 1300 days, I do not find any just

cause for condoning the delay. The application for condonation of

delay is rejected. Consequently, the appeal also stands dismissed.

(PANKAJ BHANDARI),J

Arti/69

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