RAJU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Public Prosecutor and perused the record.

(2.) The instant revision has been preferred by the petitioner challenging the judgment dated 9.1.2006 passed by the learned Sessions Judge, Sri Ganganagar in appeal whereby the conviction and sentences as awarded to the petitioner by the learned Judicial Magistrate, Ist Class, No.2, Sri Ganganagar by his judgment dated 30.7.2005 were affirmed. The petitioner was convicted for the offence under Section 454 I.P.C. and sentenced two years R.I. and a fine of Rs. 100/-, in default to undergo 7 days S.I. The petitioner was also convicted for the offence under Section 380 I.P.C. and sentenced to two years R.I. and a fine of Rs. 100/- and in default of fine to undergo seven days S.I. Both the sentences were ordered to run concurrently.

(3.) Learned counsel submits that in view of the cogent evidence available on record, he does not challenge the petitioner's conviction but prays that as the petitioner has remained in custody from 9.1.2006 to 18.12.2006 i.e. for a period of nearly 11 months and as the incident of theft took place in the year 2001, the sentence awarded to the petitioner be reduced to the period already undergone by him.