SONAM SHERAPA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present revision petition has been filed by the petitioners challenging the judgment dated 24.12.2011 passed by the learned Chief Metropolitan Judicial Magistrate, Jodhpur in Criminal Original Case No. 796/2011 convicting them under Sec. 380 Indian Penal Code and sentencing them for a period of 9 months' RI and a fine of Rs.1,000.00 in default of payment of fine, to further undergo 1 month's SI. The conviction and sentences have been upheld by the learned Additional Sessions Judge No. 1, Jodhpur Metropolitan, Jodhpur vide judgment dated 13.2.2012 in Criminal Appeal No. 2/2012.

(3.) At the outset, learned counsel for the petitioner submits that he does not challenge the conviction of the petitioners but prays that looking to the fact that the petitioners are residents of Nepal and had come to visit Rajasthan and due to inadvertence, they picked up the ornaments from the shop of the complainant. He further submits that it is the first criminal case against the petitioners and they have already remained in custody for a period of more than six months and seven days, thus, a lenient view be taken and the sentences awarded to the petitioners be reduced to the period already undergone.