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Judgment
The present appeal has been filed to assail the order passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Karauli. The said court vide impugned judgment dated 14.11.2017 held appellant guilty of offences under Sections 147, 342 and 323
IPC. Having convicted the appellant for the aforesaid offences, the trial Judge vide a separate order of even date, sentenced the appellant as under:-
U/s. 147 IPC - to undergo six months SI and to pay a fine of
Rs.2,000/-, in default thereof to undergo additional one month SI.
U/s. 323 IPC - to undergo six months SI and to pay a fine of
Rs.5,00/-, in default thereof to undergo additional five days SI.
U/s. 342 IPC - to undergo three months SI and to pay a fine of
Rs.5,00/-, in default thereof to undergo additional five days SI.
All the sentences were ordered to run concurrently.
Maximum sentence awarded upon the appellant is six months for offences under Section 147 and 323 IPC. For the offence under Section 342 IPC, the appellant has been awarded three months SI.
The learned counsel for the appellant has submitted that probation has been denied to the appellant on the ground that for a period of sixteen years, he had absconded. The learned counsel for the appellant has submitted that accused nos. 2 to 6 in the cause title of the judgment have been released on probation.
The learned counsel for the appellant has stated at Bar that marriage of the daughter of appellant is scheduled to be held on
3.12.2017. The learned counsel for the appellant has submitted that he will not press the appeal but shall pray to this Court that considering the nature of offence, sentence be reduced to already undergone.
Considering the nature of the offence, this court would have entertained the prayer, had the appellant not absconded. For the conduct of the appellant, fine is required to be imposed upon the appellant. The trial court has already ordered that sentences awarded on all the three counts shall run concurrently.
The offences for which appellant has been convicted are not grave. For such offences, intention of legislature is to reform the criminal and rehabilitate him in the society. It has been rightly urged by the counsel for the appellant that continuous detention of the appellant shall eclipse the matrimonial prospects of the daughter of the appellant whose marriage is scheduled to be held on 3.12.2017. Thus, in the present case, aggravating circumstance, i.e. conduct of the appellant that he remained absconded for sixteen years, is required to be balanced with mitigating circumstances spelt by the learned counsel.
Consequently, sentence awarded upon the appellant on all the three counts is reduced to period of one month. However, sentence of fine is enhanced to Rs.30,000/-. The enhanced amount of fine shall be deposited by the appellant in the court. In case appellant fail to deposit the enhanced amount of fine, sentences already awarded by the trial court shall remain in
vogue. The amount of fine so deposited in the trial court shall be remitted to Rajasthan State Legal Services Authority.
In view of above, appeal stands disposed of by modifying the sentence by upholding conviction of the appellant on all counts as same has not been assailed by the learned counsel for the appellant.
The application for suspension of sentence is dismissed having been rendered infructuous.