RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 401 of the Code of Criminal Procedure (in short the Code) and is directed against the judgment dated 6.3.1995 passed by the Judicial Magistrate Ist Class, Rohtak and the judgment dated 27.7.1995 passed by the learned Additional Sessions Judge, Rohtak.

(2.) THE learned trial Court vide its judgment dated 6.3.1995 convicted the petitioners under Section 392 of the Indian Penal Code and sentenced both the petitioners to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 250/- each. The learned Additional Sessions Judge by his judgment dated 27.7.1995 upheld the conviction of the petitioners but reduced the sentence awarded to the petitioners from 3 years to 1 year rigorous imprisonment each. The sentence of fine was, however, maintained.

(3.) MR . Hooda, the learned Senior counsel appearing on behalf of the petitioners submits that the petitioner had been facing trial for the last over 7 years. He further submits that this is the first offence committed by the petitioners. With regard to petitioner No. 1, he submits that the point with regard to his age was taken up before the First Appellate Court as is evident from para 9 of the judgment. He submits that this point can be taken even before the High Court and the original certificate containing the age of the said appellant can be considered even at this stage. In support of this submission, he placed reliance on the judgment of the Supreme Court in Gopi Nath Gosh v. State of West Bengal, 1984(1) CLR 697. The learned counsel contended that a lenient view can be taken in the matter and the sentence awarded to the petitioner be reduced to 1 year already undergone.