CRA-S-3095-2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 878 Rahul @ Chhinda State of Punjab CORAM : HON'BLE MR Present: Mr. Madhur Singh, Advocate Legal aid counsel for the appellant. Mr. Ravinder Singh, AAG, Punjab. *** NAMIT KUMAR 1. Through the instant appeal, appellant the judgment of conviction and order of sentence Court of learned Additional whereby the appellant has been held Sections 363, 366 period of five years and to pay fine of Rs.10,000/ payment of fine, to further undergo rigorous imprisonment for months in a case arising from FIR No.164 dated 28.09.2020 under Sections 366 A, 366, 363 IPC registered at Police Station Division No.1, Pathankot. 2. In brief, the facts are that statement of the gra her son namely Anish Kumar was blessed with a daughter (victim) out of his first marriage solemnized with one Jyoti Devi, who died after 1 ½ years of 2023 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA Date of Decision: Rahul @ Chhinda Versus HON'BLE MR. JUSTICE NAMIT KUMAR Mr. Madhur Singh, Advocate Legal aid counsel for the appellant. Mr. Ravinder Singh, AAG, Punjab. *** NAMIT KUMAR, J. (ORAL) Through the instant appeal, appellant of conviction and order of sentence Court of learned Additional Sessions Judge whereby the appellant has been held guilty for commission of offence under Sections 363, 366-A IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.10,000/ payment of fine, to further undergo rigorous imprisonment for in a case arising from FIR No.164 dated 28.09.2020 under Sections 366 A, 366, 363 IPC registered at Police Station Division No.1, Pathankot. In brief, the facts are that the prosecution was launched on the statement of the grandmother/complainant of the victim wherein she stated that her son namely Anish Kumar was blessed with a daughter (victim) out of his first marriage solemnized with one Jyoti Devi, who died after 1 ½ years of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-3095-2023 Date of Decision:15.05.2025 ... Appellant ... Respondent NAMIT KUMAR Legal aid counsel for the appellant. Mr. Ravinder Singh, AAG, Punjab. Through the instant appeal, appellant-accused has laid challenge to of conviction and order of sentence dated 28.08.2023 passed by the Sessions Judge-cum-Special Judge, Pathankot guilty for commission of offence under A IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.10,000/- and in case of default of payment of fine, to further undergo rigorous imprisonment for a period of two in a case arising from FIR No.164 dated 28.09.2020 under Sections 366 A, 366, 363 IPC registered at Police Station Division No.1, Pathankot. the prosecution was launched on the ndmother/complainant of the victim wherein she stated that her son namely Anish Kumar was blessed with a daughter (victim) out of his first marriage solemnized with one Jyoti Devi, who died after 1 ½ years of accused has laid challenge to dated 28.08.2023 passed by the Special Judge, Pathankot guilty for commission of offence under A IPC and sentenced to undergo rigorous imprisonment for a and in case of default of a period of two in a case arising from FIR No.164 dated 28.09.2020 under Sections 366- the prosecution was launched on the ndmother/complainant of the victim wherein she stated that her son namely Anish Kumar was blessed with a daughter (victim) out of his first marriage solemnized with one Jyoti Devi, who died after 1 ½ years of PANKAJ KUMAR 2025.05.23 16:21 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRA-S-3095-2023 giving birth to the victim. Her son had solemn custody of the victim left the house for buying a pen as she was a student of and when she did not return after 20 minutes, the complainan mobile phone but she did not pick up searching for the victim and after she came back to her house, she found that currency notes of Rs.4600/ along with her. The complainant had suspicion that the appellant the victim. On the basis of the aforesaid statement of the complainant, FIR (supra) was registered. 3. On by one Som Nath and her custody was handed over to the complainant. On the same day, appellant and her statement under Section 164 Cr.P. investigation and other formalities, final report under Section 173 was presented before the trial Court against the appellant for commission of offence under Sections 366, 366 was supplied to the appellant After perusing the challan, the case was committed to the Court of Sessions by the learned Judicial Magistrate 1 4. After finding that a appellant, charge was framed under Sections 363 and 366 which was read over and explained to the appellant in simple language to which he pleaded not guilty and cla prosecution had examined 10 PWs. After closure of prosecution evidence, 2023 -2- giving birth to the victim. Her son had solemnized second marriage and custody of the victim with himself. On 28.09.2020 at about 4.30 PM, the victim left the house for buying a pen as she was a student of and when she did not return after 20 minutes, the complainan mobile phone but she did not pick up the phone. The complainant started searching for the victim and after she came back to her house, she found that currency notes of Rs.4600/- were missing, which the victim might have taken h her. The complainant had suspicion that the appellant On the basis of the aforesaid statement of the complainant, FIR (supra) was registered. On 29.09.2020, the victim was recovered from the room rented out by one Som Nath and her custody was handed over to the complainant. On the same day, appellant-accused was arrested; the victim was medically examined and her statement under Section 164 Cr.P.C. was recorded. investigation and other formalities, final report under Section 173 was presented before the trial Court against the appellant for commission of offence under Sections 366, 366-A and 363 IPC, copy of which along with o was supplied to the appellant free of cost as mandated under Section 207 Cr.P.C. After perusing the challan, the case was committed to the Court of Sessions by the learned Judicial Magistrate 1st Class, Pathankot vide order dated 05.01.2021 After finding that a prima facie appellant, charge was framed under Sections 363 and 366 which was read over and explained to the appellant in simple language to which he pleaded not guilty and claimed for trial. prosecution had examined 10 PWs. After closure of prosecution evidence, ized second marriage and kept the . On 28.09.2020 at about 4.30 PM, the victim left the house for buying a pen as she was a student of 9th Standard at that time and when she did not return after 20 minutes, the complainant called her on her the phone. The complainant started searching for the victim and after she came back to her house, she found that were missing, which the victim might have taken h her. The complainant had suspicion that the appellant-Rahul enticed On the basis of the aforesaid statement of the complainant, FIR 29.09.2020, the victim was recovered from the room rented out by one Som Nath and her custody was handed over to the complainant. On the was arrested; the victim was medically examined C. was recorded. After completion of investigation and other formalities, final report under Section 173 was presented before the trial Court against the appellant for commission of offence under A and 363 IPC, copy of which along with other documents free of cost as mandated under Section 207 Cr.P.C. After perusing the challan, the case was committed to the Court of Sessions by Class, Pathankot vide order dated 05.01.2021 prima facie case was made out against the appellant, charge was framed under Sections 363 and 366-A IPC on 19.01.2021, which was read over and explained to the appellant in simple language to which imed for trial. In order to prove its case, the prosecution had examined 10 PWs. After closure of prosecution evidence, kept the . On 28.09.2020 at about 4.30 PM, the victim Standard at that time t called her on her the phone. The complainant started searching for the victim and after she came back to her house, she found that were missing, which the victim might have taken Rahul enticed On the basis of the aforesaid statement of the complainant, FIR 29.09.2020, the victim was recovered from the room rented out by one Som Nath and her custody was handed over to the complainant. On the was arrested; the victim was medically examined After completion of investigation and other formalities, final report under Section 173 was presented before the trial Court against the appellant for commission of offence under ther documents free of cost as mandated under Section 207 Cr.P.C. After perusing the challan, the case was committed to the Court of Sessions by Class, Pathankot vide order dated 05.01.2021. case was made out against the A IPC on 19.01.2021, which was read over and explained to the appellant in simple language to which In order to prove its case, the prosecution had examined 10 PWs. After closure of prosecution evidence, PANKAJ KUMAR 2025.05.23 16:21 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRA-S-3095-2023 statement of the appellant under Section 313 Cr.P.C. was recorded wherein all incriminating evidence was put to him. He denied all al and pleaded innocence. However, he did not lead any evidence and closed his defence by suffering separate statement. 5. The learned trial Court found the appellant guilty and 6. Aggrieved against the impugned judgment of conviction and order of sentence dated 28.08.2023 passed by the learned trial Court, the present appeal has been preferred by the appellant counsel for the conviction on merits and restricts sentence dated 28.08.2023 to the sentence While making submissions qua the quantum of sentence, appellant would submit that the that he has no shady past and that he has been facing the agony 2020. Out of total sent actual sentence for 4 years 7 months and 14 days useful purpose will be served by since he has already undergone substantial circumstances, the sentence imposed upon one already undergone by him 7. On the other hand, learned State counsel, while opposing the submissions made by the learned counsel for the sentence awarded to the him and therefore, 2023 -3- statement of the appellant under Section 313 Cr.P.C. was recorded wherein all incriminating evidence was put to him. He denied all al and pleaded innocence. However, he did not lead any evidence and closed his defence by suffering separate statement. The learned trial Court after hearing learned counsel for the parties, found the appellant guilty and convicted and sentenced him as noticed above. Aggrieved against the impugned judgment of conviction and order of sentence dated 28.08.2023 passed by the learned trial Court, the present appeal has been preferred by the appellant. During the course of h counsel for the appellant does not lay any challenge to the judgment of on merits and restricts his prayer to modification of the order of dated 28.08.2023 to the sentence already undergone by submissions qua the quantum of sentence, would submit that the appellant, aged 22 years, that he has no shady past and that he has been facing the agony . Out of total sentence of five years, the appellant actual sentence for 4 years 7 months and 14 days useful purpose will be served by keeping the appellant he has already undergone substantial period of sentence circumstances, the sentence imposed upon the one already undergone by him. On the other hand, learned State counsel, while opposing the submissions made by the learned counsel for the sentence awarded to the appellant is in proportion to the offence and therefore, he does not deserve any leniency. statement of the appellant under Section 313 Cr.P.C. was recorded wherein all incriminating evidence was put to him. He denied all allegations of prosecution and pleaded innocence. However, he did not lead any evidence and closed his after hearing learned counsel for the parties, convicted and sentenced him as noticed above. Aggrieved against the impugned judgment of conviction and order of sentence dated 28.08.2023 passed by the learned trial Court, the present uring the course of hearing, learned does not lay any challenge to the judgment of prayer to modification of the order of already undergone by the appellant. submissions qua the quantum of sentence, learned counsel for the appellant, aged 22 years, is a first time offender; that he has no shady past and that he has been facing the agony of the trial since the appellant has already undergone actual sentence for 4 years 7 months and 14 days. He further submits that no appellant behind the bars anymore period of sentence. Under these the appellant may be reduced to the On the other hand, learned State counsel, while opposing the submissions made by the learned counsel for the appellant, would submit that the is in proportion to the offence committed by does not deserve any leniency. statement of the appellant under Section 313 Cr.P.C. was recorded wherein all legations of prosecution and pleaded innocence. However, he did not lead any evidence and closed his after hearing learned counsel for the parties, Aggrieved against the impugned judgment of conviction and order of sentence dated 28.08.2023 passed by the learned trial Court, the present earing, learned does not lay any challenge to the judgment of prayer to modification of the order of appellant. learned counsel for the offender; of the trial since undergone . He further submits that no anymore . Under these may be reduced to the On the other hand, learned State counsel, while opposing the that the committed by PANKAJ KUMAR 2025.05.23 16:21 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRA-S-3095-2023 8. Having heard the learned counsel for the parties and after a examination of the record, this Court finds that the convicted and sentenced the is no manifest error in the findings recorded by the 9. Criminal jurisprudence also stresses upon approaches to punishment and the deterrent theory aim crimes by creating fear of punishment rehabilitating offenders and transforming them into law focussing on the threat of punishment and its ability to deter crime. 10. The certificate dated for 4 years 7 months and 14 days, out of total sentence of 5 years view of the arguments advanced by learned counsel for the keeping in view the mitigating circumstances that the appellant is a young boy of 22 years; first time offender and has also undergone substantial period of sentence out of total se view that no useful purpose will be served by bars any more. be met in the instant case if the sente reduced to the period already undergone 11. Resultantly, the i however, sentence imposed on the appellant is modified to the period that he has 2023 -4- Having heard the learned counsel for the parties and after a examination of the record, this Court finds that the convicted and sentenced the appellant under Sections is no manifest error in the findings recorded by the Criminal jurisprudence does not stresses upon to strike a balance between reformative and deterrent approaches to punishment, as reformative theory aim and the deterrent theory aims to discourage potential offenders fr by creating fear of punishment, meaning thereby, the emphasis rehabilitating offenders and transforming them into law the threat of punishment and its ability to deter crime. he FIR was registered in the certificate dated 14.05.2025, the appellant has already undergone actual sentence 4 years 7 months and 14 days, out of total sentence of 5 years view of the arguments advanced by learned counsel for the keeping in view the mitigating circumstances that the appellant is a young boy of 22 years; first time offender and has also undergone substantial period of sentence out of total sentence of 5 years imposed upon him view that no useful purpose will be served by bars any more. Consequently, this Court finds that the interest of justice would be met in the instant case if the sentence imposed by the learned trial Court is reduced to the period already undergone by him Resultantly, the impugned judgment of conviction stands affirmed sentence imposed on the appellant is modified to the period that he has Having heard the learned counsel for the parties and after a lucid examination of the record, this Court finds that the Court below has rightly under Sections 363 and 366-A IPC. There is no manifest error in the findings recorded by the court below. does not solely focus on punishment but between reformative and deterrent reformative theory aims to reform the wrongdoer to discourage potential offenders from committing , meaning thereby, the emphasis is also on rehabilitating offenders and transforming them into law-abiding citizens; besides the threat of punishment and its ability to deter crime. year 2020 and as per custody already undergone actual sentence 4 years 7 months and 14 days, out of total sentence of 5 years. Therefore, in view of the arguments advanced by learned counsel for the appellant and keeping in view the mitigating circumstances that the appellant is a young boy of 22 years; first time offender and has also undergone substantial period of ntence of 5 years imposed upon him, this Court is of the view that no useful purpose will be served by keeping the appellant behind the Consequently, this Court finds that the interest of justice would nce imposed by the learned trial Court is by him. Ordered accordingly. mpugned judgment of conviction stands affirmed sentence imposed on the appellant is modified to the period that he has lucid rightly A IPC. There but between reformative and deterrent reform the wrongdoer om committing is also on ; besides and as per custody already undergone actual sentence in and keeping in view the mitigating circumstances that the appellant is a young boy of 22 years; first time offender and has also undergone substantial period of this Court is of the behind the Consequently, this Court finds that the interest of justice would nce imposed by the learned trial Court is mpugned judgment of conviction stands affirmed, sentence imposed on the appellant is modified to the period that he has PANKAJ KUMAR 2025.05.23 16:21 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRA-S-3095-2023 already undergone appellant will have to deposit the fine if not already deposited. 12. Disposed of. May 15, 2025 Pankaj* 2023 -5- already undergone. The sentence of fine, however, shall will have to deposit the fine if not already deposited. Disposed of. Whether speaking/reasoned Whether reportable however, shall remain intact. The will have to deposit the fine if not already deposited. (NAMIT KUMAR) JUDGE Whether speaking/reasoned : Yes/No : Yes/No . The PANKAJ KUMAR 2025.05.23 16:21 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh