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Badansingh vs State on 24 January, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1100/2019

Badan Singh S/o Basant Singh Rajput, R/o Umariya ki Bhagal,
Puthol, P.S. Rajnagar, District Rajsamand (Raj.)

—-Appellant
Versus
State of Rajasthan

—-Respondent

For Appellant(s) : Mr. Rajiv Bishnoi, Amicus Curiae
For Respondent(s) : Mr. Gaurav Singh, P.P.

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

24/01/2020

Instant criminal jail appeal has been filed by the appellant

against the judgment dated 01.11.2018 passed by learned Special

Judge, SC/ST (Prevention of Atrocities) Act Cases, Rajsamand (for

short ‘the trial court’) in Sessions Case No. 12/2015 whereby, the

learned trial Court convicted the appellant for offence under

Section 452, 354 and Section 3(1)(xi) of SC/ST (Prevention of

Atrocities) Act and sentenced as under :-

452 IPC- Two years’ simple imprisonment and fine of Rs. 2000/-,

in default of payment of fine to further undergo two months S.I.

354 IPC – One year S.I and fine of Rs. 1,000/-, in default of

payment of fine to undergo one month S.I.

Section 3(1)(xi) of SC/ST (Prevention of Atrocities Act) –

Six months’ S.I and fine of Rs. 1,000/-, in default of payment of

fine to undergo one month S.I

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(2 of 4)

The concise facts of the case are that on 18.08.2015, report

was lodged at Police station, Rajnagar by the complainant Madan

lal to the effect that he had gone for labour work and his wife was

alone at home. In the afternoon at about 1:00 PM, the appellant

Badan came to his home and tried to outrage the modesty of his

wife and also tried to commit rape with her.

The police registered FIR No. 272/2015 at Police Station

Rajnagar and investigation commenced. After due investigation,

police filed charge sheet against the accused appellant for offences

under Section 452, 354, 354B and Section 3(1)(xi) of SC/ST

(Prevention of Atrocities) Act. Thereafter, charges of the case were

framed against the appellant for offeresaid offences before the

competent court. He denied the charges and claimed trial.

During the course of trial, the prosecution examined 08

witnesses and various documents were also exhibited. Thereafter,

statement of appellant under section 313 Cr.P.C was recorded. No

witness was examined on the defence side.

After scrutiny of the material on record and evidence

produced by the prosecution as well as statement of accused

under Section 313 Cr.P.C., learned trial Court vide judgment and

order dated 01.11.2018 convicted and sentenced him as

mentioned hereinabove.

Being aggrieved with the judgment and order passed by the

Trial Court, the accused-appellant has preferred this criminal Jail

appeal before this Court.

At the threshold, learned counsel for the appellant submits

that he does not challenge the finding of conviction but since the

accused appellant has already served total sentence of 01 year, 09

months and 10 days out of maximum sentence awarded of two

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(3 of 4)

years. Therefore, it is prayed that the substantive sentence

awarded to the appellant for the offence under Section 452 IPC

may be reduced to the period already undergone by him. It is

further prayed that since the appellant is a poor person and is not

in a position to deposit the fine, therefore, the fine imposed by the

trial court may also be waived.

On the other hand, the learned Public Prosecutor opposed

the submissions made by the learned counsel for the appellant.

The learned PP submitted that there is neither any occasion to

interfere with the sentence awarded to the accused petitioner nor

any compassion or sympathy is called for in the said case.

I have perused the judgment passed by both the court below

regarding conviction of the accused-appellant.

From the findings recorded by the trial Court, I am satisfied

that learned counsel for the accused-appellant is right in not

pressing this appeal on merits. So far as reduction of sentence of

imprisonment awarded to the accused-appellant is concerned, as

per the record, the appellant has so far undergone a period of one

year 09 months and 10 days in custody so also suffered the

agony and trauma of protracted trial. Looking to the over-all

circumstances and the fact that the appellant has remained behind

the bars for substantial period now, it will be just and proper if the

sentence awarded by the trial court for offence under Section 452

IPC is reduced to the period already undergone by him while

waiving off the fine.

Accordingly, the appeal is partly allowed. While maintaining

the appellant’s conviction for offences under Section 452 IPC, the

sentence awarded to him is hereby reduced to the period already

undergone. The fine imposed by the trial court is hereby waived.

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(4 of 4)

So far as the offences under Section 354 IPC and Section 3(1)(xi)

of SC/ST (Prevention of Atrocities) Act is concerned, the appellant

has already served out the substantive sentence awarded for said

offences, therefore, no interference is called for in the order of

sentence. However, the fine imposed by the trial court for said

offences is hereby waived. The appellant may be released

forthwith, if not required in any other case.

Record of the trial court be sent back forthwith.

(MANOJ KUMAR GARG),J

36-/-

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