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Habburam Son Of Shri Shyonath … vs State Of Rajasthan, Through P.P on 17 January, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Revision No. 1472/2018

Habburam Son Of Shri Shyonath Alias Sohan Lal, By Caste
Meena, Resident Of Near Water Works Kathumar, Police Station
Kathumar, District Alwar (Rajasthan)
—-Petitioner
Versus
State Of Rajasthan, Through P.p., Rajasthan
—-Respondent

For Petitioner(s) : Mr. Girish Khandelwal
For Respondent(s) : Mr. R.R. Singh Rathore, PP

HON’BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

17/01/2019

1. Petitioner has preferred this revision petition aggrieved by

judgment and order dated 04.10.2016 passed by Additional Chief

Judicial Magistrate Rajgarh, District Alwar, whereby the petitioner

has been convicted for offence under Section 419, 354, 170 323

IPC and has been sentenced to undergo two years rigorous

imprisonment for offence under Section 419 IPC and fine of

Rs.2000/- and on non-payment of fine to further undergo two

months simple imprisonment, for offence under Section 354 IPC,

petitioner has been sentenced one year rigorous imprisonment

and fine of Rs.1,000/- on non-payment of fine to further undergo

one month simple imprisonment, for offence under Section 170

IPC, he has been sentenced two years simple imprisonment and

fine of Rs.2,000/- on non-payment of fine to further undergo two

months simple imprisonment and for offence under Section 323
(2 of 3) [CRLR-1472/2018]

IPC, he has been sentenced for six months simple imprisonment

and fine of Rs.1,000/- on non-payment of fine to further undergo

one month simple imprisonment.

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

conviction under Section 419 IPC cannot be sustained as the

ingredients of Section 419 IPC are not made out. It is also

contended that since the petitioner has been convicted for offence

under Section 170 IPC, there was no justification for convicting

him under Section 419 IPC.

3. Counsel for the petitioner, however, submits that he does not

want to press the revision petition on merits. His only prayer is for

deduction of the sentence as petitioner has faced the agony of

trial for the last fourteen years.

4. Learned Public Prosecutor has opposed the revision petition.

His contention is that petitioner posing himself as doctor entered

female ward of the hospital and has outraged modesty of a female

patient.

5. I have considered the contentions.

6. Taking note of the fact that the matter is of the years, 2004,

petitioner has been convicted under Section 170 IPC, I do not find

any justification for upholding the conviction under Section 419

IPC. Conviction under Section 419 IPC is set aside, however, Court

below has not assigned any reason for not extending the benefit

of probation, hence, I deem it proper to reduce the sentence from

two years to one year, fine however, would remain the same.

7. Accordingly, revision petition is partly allowed. While

upholding the conviction and sentence under section 354 323

IPC. Conviction under Section 419 IPC is set aside and sentence

awarded under Section 170 IPC is reduced from two years to one
(3 of 3) [CRLR-1472/2018]

year, the remaining part of the sentence and fine awarded by the

Court below will remain unaltered.

8. Application for suspension of sentence stands disposed.

(PANKAJ BHANDARI),J

Arti/53

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