AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner had faced trial qua offence punishable under Section 379 and 411 of Indian Penal Code, 1860 (hereinafter referred as ''IPC''). Trial
Court vide judgment/order dated 21.02.2017 ordered the conviction and sentence of the petitioner under Section 379 and 411 IPC. Appellate
Court vide judgment/order dated 07.11.2017 altered the conviction and sentence of the petitioner to Section 403 and 411 IPC. Hence, the
present petition by the petitioner.
Learned counsel for the petitioner has submitted that independent witness qua recovery of the wire in question had not supported the
prosecution case, during trial. Although, recovery of the wire was effected from the petitioner, but there was no material to establish that the said
wire had been stolen from some place. Be that as it may, learned counsel has submitted that he does not challenge the conviction of the petitioner
under Section 403 and 411 IPC, but has submitted that the sentence qua imprisonment of the petitioner be reduced to the period already
undergone by him. Petitioner has already undergone about two and half month of the actual sentence. Petitioner is facing the criminal proceedings
for the last about fifteen years. Petitioner is not a previous convict and is the sole bread earner of his family. Learned State counsel on the other
hand, has opposed the petition.
Keeping in view the facts and circumstances of the case, it would be just and expedient to reduce the sentence qua imprisonment of the
petitioner to the period already undergone by him.
Accordingly, conviction of the petitioner under Section 403 and 411 IPC is maintained. However, sentence qua imprisonment of the petitioner is
reduced to the period already undergone by him. Petitioner, who is in custody be set at liberty forthwith, if not required in any other criminal case.
Petition stands disposed of accordingly.