[2025:RJ-JP:31712] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 739/2007 Ram Charan S/o Devi Sahai, Resident of Sundayana Police Station Kathoomar, District Alwar. At present Manager, Gram Sewa Sahakari Samiti, Thanagaji, District Alwar. (At present in Sub-Jail, Laxmangarh) ----Petitioner Versus State of Rajasthan ----Respondent For Petitioner : Mr. Rinesh Gupta, Adv. with Mr. Sarvat Alam, Adv. For Respondent : Mr. Rajendra Singh Shekhawat, Addl.G.A. Ms. Arti Sharma, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 13/08/2025 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 10.07.2007 passed by learned Additional Sessions Judge (Fast Track), Laxmangarh, District Alwar (hereinafter referred to as learned 'Appellate Court') in Criminal Appeal No.64/2005 whereby learned Appellate Court while dismissing the appeal filed on behalf of the petitioner, upheld the judgment dated 25.02.2005 passed by learned Judicial Magistrate Kathoomar, District Alwar (hereinafter referred to as learned 'trial Court') in Criminal Case No.1464/1996. [2025:RJ-JP:31712] (2 of 4) [CRLR-739/2007] 2. Vide impugned judgment dated 25.02.2005, learned trial Court while acquitting the petitioner for the offence punishable under Section 420 of IPC, convicted and sentenced the petitioner for the offences punishable as under:- i. Under Section 467 of IPC-Two years' rigorous imprisonment and a fine of Rs.3,000/- and in default of payment of fine, to undergo one month's simple imprisonment, ii. Under Section 468 of IPC-One year's rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine, to undergo 15 days' simple imprisonment & iii.Under Section 471 of IPC-Six months' rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine, to undergo 15 days' 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 467, 468 and 471 of IPC. During trial, as many as 11 witnesses were examined and 22 documents were exhibited before learned trial Court. 4. The petitioner was examined under Section 313 of Cr.P.C. and examined no witness in his defence, however, vide the impugned judgment dated 25.02.2005, learned trial Court convicted and sentenced the petitioner for the offences punishable as aforesaid. 5. Feeling aggrieved of the impugned judgment dated 25.02.2005 passed by learned trial Court, the petitioner preferred an appeal No.64/2005 before learned Appellate Court. Vide the impugned judgment dated 10.07.2007, learned Appellate Court, while dismissing the appeal filed on behalf of the petitioner, upheld [2025:RJ-JP:31712] (3 of 4) [CRLR-739/2007] the impugned judgment dated 25.02.2005 passed by learned trial Court. 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 70 years of age and has suffered agony of trial, appeal and this revision petition for last almost 30 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. In support of his contentions, learned counsel has drawn attention of this Court towards the judgment passed by the Hon'ble Apex Court in the case of Beena Philipose & Anr. Vs. State of Kerala reported in (2006) 7 SCC 414 and also, the judgment passed by the Coordinate Bench of this Court in the case of Manna Lal Vs. State of Rajasthan reported in 2016 (3) RLW 2035 (Raj.). 8. Per contra, learned counsel appearing on behalf of the respondent-State opposed the prayer made on behalf of the petitioner. 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 1996; age of the petitioner is about 70 years; the petitioner has undergone the sentence of 61 days; the petitioner has suffered the agony and trauma of trial, appeal and [2025:RJ-JP:31712] (4 of 4) [CRLR-739/2007] this petition for more than 30 years and the present petition is pending since 2007. 11. In view of the aforesaid discussions, considering the judgments passed in the cases of Beena (supra) and Manna Lal (supra) and the fact that the petitioner has served the sentence of 61 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.4,000/- 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 /10