Vimal Kumar vs State of Rajasthan

Petitioner had faced trial in F.I.R. No.58/2002 registered at Police Station G.R.P. Bhilwara for the offence under Sections 379/34 Indian Penal Code, 1860 (hereinafter referred to as "I.P.C.") along with his co-accused.

Trial court vide judgment/order dated 12.07.2002, ordered the conviction and sentence of the accused under Section 379/34 I.P.C. Appeal filed by the petitioner was dismissed by the Appellate Court vide order dated 19.07.2010. Hence, the present petition by the petitioner.

During the course of arguments, learned counsel for the petitioner has not challenged the conviction of the petitioner as ordered by the Courts below, but has submitted that the sentence qua imprisonment of the petitioner be reduced to the period already undergone by him. Petitioner is facing the criminal proceedings for the last more than fifteen years. Petitioner has already undergone more than five months of actual sentence.

Petitioner is the sole bread earner of his family and is not a previous convict. No memo was prepared with regard to the recovery of the stolen articles from the accused. Learned state counsel on the other hand has opposed the petition.

Keeping in view the facts and circumstances of the present 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 379/34 I.P.C., 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.