NARAIN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for parties. Petitioner has preferred this revision petition under Section 397 read with Section 401 of Code of Criminal Procedure against judgment and order dated 20th August, 2002 passed by Judge, Special Court (Communal Riots Man Singh Hatya Kand), Jaipur in Criminal Appeal No. 70/01, whereby appellate court, while maintaining the order of conviction passed by trial court under Section 135(1)(ii) of the Customs Act, 1962, reduced the sentence from six months rigorous imprisonment to three months rigorous imprisonment with fine of Rs. 1,000/- and in default of payment of fine to further undergo additional one month imprisonment.

(2.) Learned counsel for petitioner does not challenge the order of conviction of the petitioner in view of concurrent finding of facts about commitment of offence and prayed that the incident took place in the year 1991, it is 20 years old matter. Petitioner has already remained in jail for about 34 days, therefore, sentence of three months rigorous imprisonment may be reduced to a period of imprisonment of 34 days already undergone by petitioner.

(3.) Learned public prosecutor, in view of fact that petitioner is not challenging his conviction, does not seriously oppose the prayer of learned counsel for petitioner to reduce the sentence of imprisonment.