STATE OF RAJASTHAN Vs. BALWANTA

JUDGEMENT

(1.) This Criminal Appeal filed by State of Rajasthan under sections. 377 Crimial P.C. is directed against the order dated 15.12.1987 passed by learned Chief Judicial Magistrate, Balotra, whereby the accused-respondent was convicted for the offence under section. 379/75 Penal Code and was sentenced to undergo four days' S.I. and fine of Rs. 100.00. The State has preferred this appeal seeking enhancement of sentence.

(2.) I have heard learned Public Prosecutor. Perused the order impugned and record of the trial Court.

(3.) Complainant-Nemi Chand lodged a first information report at Police Station, Balotra being Crime Report No. 316 on 17.12.1985 stating therein that someone has stolen four and a half bundles of cloths at about 4.30 a.m. on 16.12.1985. The said bundles were lying at the washing well. A crime report was investigated by the police and police filed a charge-sheet against the accused respondent for the offence under section. 379/75 Penal Code before the Court of learned Chief Judicial Magistrate, Balotra. Accused-respondent by an application dated 15.12.1987, pleaded guilty for the offence under section. 379 Indian Penal Code. Considering all the facts and circumstances and looking to the fact that the property alleged to have been stolen is four and a half bundles of cloths, which were lying at washing well, held the accused guilty and convicted him as noticed above. The occurrence is of 16.12.1985. Around 17 years have elapsed. Accused was guilty of offence under section. 379 Indian Penal Code only and nothing has been established from the record that he was previously convicted under Chapter XII or Chapter XVII of the Penal Code with the imprisonment of either description for a term 3 years or upwards. Keeping in view all the facts and circumstances of the case and fact that at such a belated stage sentence for theft of petty article does not warrant enhancement of sentence. In this view of the matter, in my considered opinion it is not a fit case which warrants enhancement of sentence. Accordingly, this appeal fails and is dismissed. Appeal dismissed of.