Asim Jamaloddin Momin vs The State of Maharashtra

V.M. Kanade, J.—Heard the learned Counsel appearing on behalf of the Appellants and the learned APP for the State.

The Appellant in Criminal Appeal No. 1074 of 2006 is the Original Accused No. 1. The Appellant in Criminal Appeal No. 1065 of 2006 is the Original Accused No. 2. The Appellants are challenging the judgment and order passed by the Ad-hoc District Judge No. 1 and Additional Sessions Judge, Solapur dated 30th September, 2006, who by his judgment and order was pleased to convict both the accused. The accused No. 1 has been convicted for the offence punishable under Sections 489A of the Indian Penal Code and sentenced to undergo R.I. for ten years and fine of Rs. 5,000/-and, in default, R.I. for one year. The Appellants -accused Nos. 1 and 2 have been convicted for the offence punishable u/s 489Bof the Indian Penal Code and sentenced them to undergo R.I. for five years and fine of Rs. 2,000/- and, in default, R.I. for six months. The accused Nos. 1 and 2 also have been convicted for the offence punishable u/s 489C of the IPC and sentenced to undergo R.I. for five years and fine of Rs. 2,000/- and, in default, to suffer R.I. for six months. The Accused No. 1 has also been convicted for the offence punishable u/s 489D of the Indian Penal Code and sentenced to suffer R.I. for five years and fine of Rs. 3,000/-and in default, to suffer R.I. for one year. The Appellant-Accused No. 1 also has been convicted for the offence punishable u/s 489E of the Indian Penal Code and sentenced to fine of Rs. 100/- and in default, R.I. for ten days. The accused Nos. 1 and 2 have been convicted for the offence punishable u/s 420 r/w. 34 of the Indian Penal Code and sentenced him to undergo R.I. for three years and fine of Rs. 1,000/- and in default, to suffer R.I. for six months. The substantive sentences were directed to run concurrently.

The Trial Court acquitted the Appellant Accused No. 2 in appeal No. 1065 of 2006 of the offences punishable under Sections 489A, 489D and 489E of the Indian Penal Code.

Both the learned Counsel appearing on behalf of the Appellants on instructions, submit that they would like to argue only on the point of sentence.

It is submitted that the Accused No. 1 was 19 years of age and the Accused No. 2 was 20 years of old at the time of the said incident. Both the accused were not involved in any other criminal offences. It is submitted that accused No. 1 was in custody from 28.12.2004 till today and has undergone almost six years of sentence out of 10 years awarded to him by the Trial Court. It is submitted that the Accused No. 2 was on bail from 13th June, 2003. It is submitted that the accused No. 2 was in jail for about 15 months. It is submitted that taking into consideration the age of the accused and the fact that there are no criminal antecedents, the sentence of accused No. 1 may be reduced from 10 years to the period of which he has already undergone and so far as the Accused No. 2 is concerned, his sentence of five years may be reduced the sentence which he has already undergone. It is submitted that the Appellants are young boys, who had passed XIIth Std. and wanted to use a single computer and printer and did not take any precaution whatsoever. It is submitted that they are not the members of any banned organization.

Taking into consideration the aforesaid facts, therefore, more particularly the age of the accused and the fact that they are not involved in any other cases prior to the said incident, it would be appropriate if their sentence is reduced to a term which they have already undergone.

The appeals, therefore, are partly allowed. Order of conviction passed by the Trial Court is confirmed. The Appellants be released forthwith unless they are required in any other case. Appeals are, accordingly, disposed on in the aforesaid terms.