Crl. Revision No. 2112 of 2011 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Revision No. 2112 of 2011 (OM)
Date of decision: August 31, 2017
Devender Sagar
…Petitioner
Versus
State of Haryana
…Respondent
CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Ashit Malik, Advocate,
for the petitioner.
Ms. Harpreet Kaur, AAG, Haryana.
JAISHREE THAKUR, J.
1. Petitioner–Devender Sagar had been convicted by the
Judicial Magistrate 1st Class, Kurukshetra, on 18.12.2009 in FIR No. 193
dated 20.5.2001 under Sections 354, 452 and 506 IPC and sentenced as
under:-
Sr. Under Sentence Imposed Fine (in ` )
No. Section
1. 452 IPC To undergo rigorous imprisonment for a 1500/-
period of one year.
2. 354 IPC To undergo rigorous imprisonment for a 1000/-
period of one year.
3. 506 IPC To undergo rigorous imprisonment for a 1500/-
period of one year.
In default of payment of fine, the petitioner was further to undergo simple
imprisonment for a period of two months. The petitioner herein preferred an
appeal against the judgment of his conviction, which was partly allowed by
learned Sessions Judge, Kurukshetra, by his judgment dated 29.8.2011. The
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petitioner was sentenced to undergo rigorous imprisonment for a period of 9
months and to pay an amount of `1500/- under sections 452 IPC, to
undergo rigorous imprisonment for a period of 9 months and to pay of an
amount of `1000/- under section 354 IPC and rigorous imprisonment for a
period of 6 months and to pay an amount of `1500/- under section 506 IPC
and in case of default in payment the petitioner was to undergo simple
imprisonment for a period of two months. Feeling aggrieved against the
judgments of both the courts below, the petitioner has approached this court
through the instant revision petition.
2. Learned counsel for the petitioner at the outset states that he is
limiting his prayer only to the extent of reduction in the sentence awarded
and does not assail the judgment of conviction. He further states that he is
conscious that scope in revision is very limited, as evidence of the witnesses
cannot be re-appreciated or re-evaluated.
3. In brief, the facts are that the complainant Shashi Bala is the
widow of Chander Mohan, real brother of the petitioner–Devinder Sagar.
The complainant, her husband and their son were joint in mess with the
petitioner and his family and later on the joint house was partitioned. After
the death of the husband of the complainant, the petitioner entered the house
of the complainant on 12.05.2001 at about 9.00 a.m., while she was alone
since her minor child had gone to school, and molested her. A complaint
was lodged on 16.05.2001 before the JMIC Kurukshetra and thereafter a
criminal case under sections 354/452/506 IPC was registered on 25.5.2001.
Jagadish Chand, Head Constable was examined as PW1 and Shashi Bala
complainant was examined as PW2 . Thereafter, the evidence of the
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prosecution was closed by court order on 11.5.2009 after availing 19
opportunities to conclude its evidence. In his defence, the petitioner
examined Ashok Kumar, ASI as DW1 and also tended in evidence certified
copies of documents, mortgage deeds exhibit DB and exhibit DC, plaint of
Civil Suit No. 105 of 2001 exhibit DD, order in Civil Suit No. 105 of 2001
exhibit DE, plaint of Civil Suit No. 106 of 2001 exhibit DF, order dated
09.05.2001 in Civil Suit No. 106 of 2001 exhibit DG, plaint of Civil Suit
titled as Shashi Bala versus Devendra Kumar exhibit DH, judgment in
Criminal Appeal No. 9 of 2008 dated 24.08.2009 exhibit D1, Criminal
Complaint No. 337 of 1998 exhibit DJ and plaint exhibit DK of Civil Suit
No. 25 of 1999 and thereafter closed his evidence. After hearing arguments,
the petitioner was held guilty and convicted under Sections 354/452/506
IPC by the JMIC and sentenced, as aforesaid. The sentences were
subsequently reduced in appeal, while upholding the judgment of
conviction.
4. Learned counsel for the petitioner has submitted that there was
animosity between the complainant and the petitioner over the property
which led to multifarious litigation between the parties. It is also contended
that in the instant case there is no direct evidence available on the record
other then the testimony of the complainant. It is also argued that other than
the investigating officer no independent witnesses have been examined
despite availing of 19 opportunities to lead evidence. Counsel also argues
that the incident was of the year 2001 and since then 16 years have passed.
5. In response, learned counsel for the State has submitted that
keeping in view the nature of allegations and the facts and circumstances of
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the case, which have been held to be duly proved by both the Courts below,
the petitioner is not entitled to the benefit of probation.
6. On a perusal of the judgments of both the courts below, I am of
the considered view that the trial court has rightly appreciated the evidence
on record while holding the petitioner guilty of the charge framed against
him. The appellate court has also rightly dismissed the appeal while
reducing the sentence awarded. There is no infirmity or illegality in the
findings given by both the courts below and the scope in revision is very
limited as evidence of the witnesses cannot be re-appreciated and re-
evaluated. The conviction of the petitioner is, thus, affirmed.
7. At this stage counsel for the petitioner (who is out on bail),
pleads for reduction of sentence to already undergone and release on
probation. As per Section 360 the Code of Criminal Procedure, when any
person not under 21 years of age, is convicted for an offence punishable
with fine only or with imprisonment for a term of seven years or less or a
person under 21 years of age or any woman convicted for offence not
punishable with death or imprisonment for life and not a previous convict,
can be released on probation, in case, it appears to the Court that his or her
conduct is such and it is expedient that the offender should be released on
probation instead of sentencing him at once to any punishment provided
after considering age, character, antecedents or physical and mental
condition of the offender.
8. In the present case, the ground made out is that petitioner who
is now almost 59 years of age has faced criminal proceedings for the last
about sixteen years. It is also submitted that he has the responsibility of
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looking after his young grandchildren.
9. After hearing the argument of the learned counsel and perusing
the case law, it is noted that there is a dispute between the families over
properties and other than litigation between themselves the petitioner herein
does not have any criminal antecedents. Moreover the petitioner now aged
59 years has already suffered a protracted trial, therefore, I am of the
considered opinion that ends of justice would be met completely if the
sentence of the petitioner is reduced to the period already undergone.
However, the fine imposed by the appellate court shall be enhanced to
`5,000/- over the amount already assessed, to be deposited within one month
with the trial court. Except for the modification in the quantum of sentence,
as indicated herein above, the revision stands dismissed.
August 31, 2017 (JAISHREE THAKUR)
prem JUDGE
Whether speaking/reasoned Yes
Whether reportable No
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