MAHESHBHAI INDRAJEET PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of a common judgment and order dated 23rd September 2005 passed by the learned Presiding Officer, 10th Fast Track Court, Surat in Sessions Case No.94/04.

(2.) The accused were facing charge under section 399 and 402 of the Indian Penal Code as well as under the provisions of the Bombay Police Act. Learned Sessions Judge convicted the appellants under section 399 of the Indian Penal Code and sentenced to rigourous imprisonment for a period of five years and imposed fine of Rs.1,000/- each. They were also convicted under section 135 of the Bombay Police Act and sentenced to rigorous imprisonment for three months. Substantive sentence, however, was ordered to run concurrently. It is this judgment and order which is under challenge in these appeals.

(3.) At the outset, learned advocates appearing for the appellants submitted that against the sentence of five years, they have already undergone virtually the entire sentence including the remission. They submitted that, therefore, instead of going into the question of legality of the conviction, the Court may consider reducing the sentence to the one already undergone. It was submitted that this is the only conviction against the appellants and the appellants have not been convicted in the past for similar offence nor any other case is pending against them involving in any criminal offence. Learned advocate Shri Izaz Qureshi appearing for the appellant in Criminal Appeal No.128 of 2006 submitted that the appellant therein though was involved in a criminal case in past has been acquitted thereof.