[2025:RJ-JP:34174] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 676/2006 Narendra @ Nandu S/o Shri Hariom @ Harimohan, R/o C-50, Chanakyapuri, Near N.R. Scheme, Teelawala, Sanganer, Jaipur (At present in Central Jail, Jaipur) ----Accused/Petitioner Versus State of Rajasthan through Public Prosecutor ----Respondent For Petitioner : Mr. Ashish Sharma Upadhyay, Adv. with Mr. Manish Singh, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. Mr. Devi Singh, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 27/08/2025 1. The instant criminal revision petition has been filed by the petitioner under Section 397 read with Section 401 of Cr.P.C. challenging the judgment dated 04.04.2006 passed by learned Special Judge (Sati Nivaran) Rajasthan and Additional Sessions Judge, Jaipur (hereinafter referred to as learned 'Appellate Court') in Criminal Appeal No.23/2006 whereby learned Appellate Court partly allowed the appeal filed on behalf of the petitioner; upheld the conviction of the petitioner vide judgment dated 05.12.2005 passed by learned Additional Chief Judicial Magistrate No.11, Jaipur City, Jaipur (hereinafter referred to as learned 'trial Court') in Criminal Case No.749/2003 and sentence awarded to the petitioner was modified to the extent of three years' simple imprisonment for the offence punishable under Section 457 of IPC [2025:RJ-JP:34174] (2 of 4) [CRLR-676/2006] and fine awarded to the petitioner was reduced to the extent of Rs.1,000/- each for the offences punishable under Sections 457 and 380 of IPC. 2. Vide impugned judgment dated 05.12.2005, learned trial Court convicted and sentenced the petitioner for the offences punishable as under:- i. Under Section 457 of IPC-Seven years' simple imprisonment and a fine of Rs.25,000/- and in default of payment of fine, to undergo three months' simple imprisonment & ii. Under Section 380 of IPC-Three years' simple imprisonment and a fine of Rs.10,000/- and in default of payment of fine, to undergo one month's simple imprisonment. 3. As per the brief facts of the case, the petitioner was tried by learned trial Court for the offences punishable under Sections 457 and 380 of IPC. During trial, as many as 6 witnesses were examined and 12 documents were exhibited before learned trial Court. 4. The petitioner was examined under Section 313 of Cr.P.C. but no witness was examined in his defence, however, vide impugned judgment dated 05.12.2005, learned trial Court convicted and sentenced the petitioner for the offences punishable as aforesaid. 5. Feeling aggrieved of the impugned judgment dated 05.12.2005 passed by learned trial Court, the petitioner preferred an appeal No.23/2006 before learned Appellate Court. Vide the impugned judgment dated 04.04.2006, learned Appellate Court partly allowed the appeal filed on behalf of the petitioner; upheld [2025:RJ-JP:34174] (3 of 4) [CRLR-676/2006] the conviction of the petitioner vide judgment dated 05.12.2005 passed by learned trial Court and sentence awarded to the petitioner was modified as aforesaid. Hence, the present criminal revision petition was filed. 6. At the threshold, learned counsel for the petitioner submitted that the petitioner does not want to challenge the finding of conviction for the aforesaid offences against the petitioner. Learned counsel further submitted that the petitioner is about 45 years of age and has suffered agony of trial, appeal and this revision petition for last almost 22 years, therefore, a liberal view be taken and the sentence awarded to the petitioner as aforesaid may be reduced to the extent of imprisonment already undergone by him. 7. Per contra, learned counsel appearing on behalf of the respondent-State opposed the prayer made on behalf of the petitioner. 8. Learned counsel appearing on behalf of the respondent-State submitted the factual report dated 16.03.2025 and the custody certificate dated 11.03.2025. The factual report dated 16.03.2025 and the custody certificate dated 11.03.2025 are taken on record. 9. Heard learned counsel for the parties and perused the material available on record. 10. It is an undisputed fact that the occurrence of this case relates to the year 2003; age of the petitioner is about 45 years; the petitioner has undergone the sentence of 1 year 3 months and 26 days; the petitioner has suffered the agony and trauma of trial, [2025:RJ-JP:34174] (4 of 4) [CRLR-676/2006] appeal and this petition for more than 22 years and the present petition is pending since 2006. 11. In view of the aforesaid discussions and considering the fact that the petitioner has served the sentence of 1 year 3 months and 26 days, the prayer made on behalf of the petitioner is accepted and the present petition is partly allowed. While maintaining the conviction of the petitioner for the aforesaid offences, the sentence awarded against him is ordered to be reduced and modified to the extent of sentence already undergone by him. However, the amount of fine is hereby maintained. 12. It is ordered that the amount of fine i.e. Rs.2,000/- shall be deposited by petitioner before learned trial Court within a period of three months from passing of this order. It is also directed that in default of payment of fine by the petitioner, he shall undergo simple imprisonment of three months. 13. Any pending applications also stand disposed of. 14. Record of the Court below be sent back immediately. (ASHUTOSH KUMAR),J AARZOO ARORA /06