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Thakararam vs State on 18 February, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 251/2018

Thakararam Son Of Shri Teekmaram, By Caste Jat, aged about
42 years, Resident Of Sawa, Tehsil- Serwa, District Barmer. At
Present Lodged In District Jail, Barmer.

—-Petitioner
Versus
State Of Rajasthan

—-Respondent

For Petitioner(s) : Mr.I.R.Choudhary, Adv.
For Respondent(s) : Mr.Onkar Singh Rajpurohit, PP

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Order

18/02/2019

The instant criminal revision petition has been filed by the

petitioner against the judgment dated 20.02.2018 passed by the

learned Additional Sessions Judge No.2, Barmer, by which, the

learned Appellate Court dismissed the appeal filed by the

petitioner and confirmed the judgment dated 17.07.2014 passed

by the learned Judicial Magistrate, First Class, Barmer, by which,

the learned trial court convicted the petitioner for the offence

under Section 354 IPC and was sentenced him to undergo 1 year

simple imprisonment and to pay a fine of Rs.2000/-; and in

default of payment of fine to further undergo 15 days additional

simple imprisonment. The petitioner was also convicted for the

offence under Section 457 IPC and was sentenced to undergo 3

years simple imprisonment and to pay a fine of Rs.3000/-; and in

default of payment of fine to further undergo 1 month simple
(2 of 4)

[CRLR-251/2018]

imprisonment. Both the sentences were ordered to run

concurrently.

The brief facts of the case are that a FIR was lodged on

06.04.2007 by Smt. Jheemo, in which she had mentioned that on

05.04.2007, when she was sleeping in her Dhani, accused-

Thakararam entered his dhani and sat on the cot where she was

sleeping. Accused caught her hand. He wanted to commit rape on

her. When she shouted, the accused ran away. On this report, a

case was registered against the petitioner for the offences under

Section 457 and 354 IPC. The police started investigation and

after due investigation, the police filed challan for offence under

Sections 354 and 457 IPC against the petitioner. Thereafter,

charges of the said offence were framed. He denied the charges

and claimed trial.

The prosecution examined 8 witnesses in all and many

documents were exhibited. Thereafter, the statement of the

accused under Section 313 Cr.P.C. was recorded. No witness was

examined from the defence side. After conclusion of the trial, the

learned trial court vide judgment dated 17.07.2014 convicted the

petitioner for the offences as mentioned above. Feeling aggrieved

by the said judgment, the petitioner preferred an appeal before

the learned appellate court. The appeal filed by the petitioner was

dismissed by the learned appellate court vide judgment date

20.02.2018. Against both these judgments and orders, the

present revision petition has been filed.

Learned counsel for the petitioner at the threshold submits

that he does not want to challenge the conviction of the petitioner

but submits that the alleged incident was of the year 2007 and
(3 of 4)

[CRLR-251/2018]

during this period, the petitioner has already suffered mental

agony and trauma. He further submits that the petitioner is behind

the bars for last about one year. He was awarded sentence of one

year for the offence under Section 354 IPC. Thus, he has already

served the sentence for offence under Section 354 IPC. So far as

the sentence for offence under Section 457 IPC i.e. 3 years simple

imprisonment is concerned, the same is excessive. Therefore, it is

prayed that the substantive sentence of 3 years simple

imprisonment for the offence under Section 457 IPC awarded to

the petitioner may be reduced to the period already undergone by

him.

On the other hand, the learned Public Prosecutor opposed

the prayer made by the learned counsel for the petitioner.

I have considered the arguments advanced by the learned

counsel for the parties and have carefully gone through the record

of the case.

It is not disputed that the petitioner has already served the

one year sentence, which has been awarded to him for the offence

under Section 354 IPC. So far as the sentence awarded to the

petitioner for the offence under Section 457 IPC is concerned, the

learned trial court has awarded the sentence of 3 years simple

imprisonment, which is on excessive side in the facts and

circumstances of the case. Thus, looking at the over-all

circumstances, this Court is of the opinion that ends of justice

would be met if the substantive sentence of imprisonment

awarded by the trial court for offence under Section 357 IPC i.e. 3

years Simple Imprisonment is reduced to the period of

imprisonment already undergone by the petitioner because the
(4 of 4)

[CRLR-251/2018]

incident relates back to year 2007 and the petitioner has already

suffered the mental agony and trauma since 2007.

As a result, the revision petition is partly allowed. While

maintaining the conviction of the petitioner for offence under

Section 354 457 IPC, the sentence awarded to him for offence

under Section 457 IPC is hereby reduced from 3 years simple

imprisonment to 1 year simple imprisonment. However, the

amount of fine imposed by the learned trial court is maintained

with default stipulation. In case, the petitioner deposits the

amount of fine, he shall be set at liberty forthwith if not required

in any other case.

(MANOJ KUMAR GARG),J

142-NK/-

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