SIADULLAH KHAN Vs. STATE OF BHOPAL

JUDGEMENT

(1.) THIS is a criminal revision by Said-ullah Khan against his conviction of an offence Under Section 295, Indian Penal Code, and the sentence of four months' rigorous imprisonment. The trial Court had sentenced him to one year's rigorous imprisonment but on appeal the conviction was upheld and the sentence was reduced to four month's rigorous imprisonment.

(2.) THE revision application was admitted crs two grounds, firstly that on the facts proved the offence committed was an attempt of the offence Under Section 295, Penal Code, and not the substantive offence Under Section 295 and secondly that in the existing conditions in the Bhopal State the sentence erred towards severity.

(3.) THE relevant portion of Section 295, Penal Code, runs as below : Whoever. . . defiles any. . . object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any persons is likelv to consider such. . . defilement as an insult to their religion, shall be punished with imprisonment of cither description for a term which may extend to two years, or with fine, or with both.