High CourtsSingle Bench(2018) 02 P&H CK 0057

Chander Shekhar vs U.T. Chandigarh and another

Punjab And Haryana At Chandigarh · Decided on 5 February 2018

HON’BLE JUDGES
Lisa Gill
RESULT
Dismissed
CASE NUMBER
4144 of 2017(O&M)

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Judgment

22 paragraphs · 336 words

Offence

u/s",Sentence

354 IPC,"Rigorous imprisonment for two years, besides, pay a fine of Rs. 500/- and in default thereof, undergo further rigorous imprisonment

for seven days

323 IPC,"Rigorous imprisonment for six months, besides, pay a fine of Rs. 500/- and in default thereof, undergo further rigorous imprisonment

for seven days

506 IPC,"Rigorous imprisonment for one year, besides, pay a fine of Rs. 500/- and in default thereof, undergo further rigorous imprisonment for

seven days

13.

Custody Certificate dated 18.01.2018 verified by Mr. Amandeep Singh, CPS, Deputy Superintendent, Model Jail, Chandigarh indicating the",

period of custody of the petitioner, filed in Court today, with a copy thereof to learned counsel for the petitioner, is taken on record subject to just",

exceptions.,

14.

A perusal of the custody certificate dated 18.01.2018 filed in Court today reveals that the petitioner has undergone actual sentence of four,

months and twenty nine days as on 18.01.2018 and in case period of remission is included, the total sentence undergone is six months and fifteen",

days out of the sentence of two years imposed upon him. Learned counsel for Union Territory, Chandigarh verifies that the petitioner is not",

involved in any other criminal case either before or after the present matter. It is noted that FIR in this case is dated 09.01.2013 i.e. prior to the,

amendment in Section 354 IPC, whereby minimum punishment was not prescribed.",

15.

Keeping in view the facts and circumstances of the case, conviction of the petitioner for the offences punishable under Sections 354/323/506",

IPC is upheld. However, it is considered just and expedient to reduce the sentence imposed upon the petitioner from two years rigorous",

imprisonment to the one already undergone. However, fine imposed upon the petitioner by the learned trial court is enhanced to Rs. 5,000/- from",

Rs. 500/- under Section 354 IPC and to Rs. 2,500/- each instead of Rs. 500/- under Sections 323/506 IPC. The imprisonment in default thereof",

is maintained.,

16.

With the said modification in the sentence, this revision petition is dismissed.",