MAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 16.12.1989 passed by Addl. Sessions Judge Jaipur Camp Kotputli, in Sessions Case No. 45/89 whereby the appellant has been convicted under sections 354, 451 and 323 IPC, U/s. 354 to undergo 6 months RI, u/s. 451 IPC to undergo 6 months RI and fine of Rs. 100/- in default of payment of fine to further undergo 15 days imprisonment and u/s. 323 IPC three months SI. All the sentences were ordered to run concurrently.

(2.) The learned counsel for the appellant has not challenged the conviction of the appellant under sections 354, 451 and 323IPC. The learned counsel has stated that the appellant has remained in judicial custody from 29.11.1988 to 6.12.1988 and the occurrence is dated 31.7.1988, which is more than 24 years ago. He has further submitted that the accused appellant belonged to a respectable family. He is not habitual offender. The appellant is aged about 55 year. Mr. Maneesh Sharma, learned counsel has stated that since the appellant has remained in judicial custody from 29.11.1988 to 6.12.1988 and looking to the facts and circumstances of the case the accused appellant should be released for the period already undergone by him in judicial custody. Mr. Pradeep Shrimal, Public Prosecutor opposed the arguments raised by the learned counsel for the appellant.

(3.) I have heard the learned counsel for the parties and considered the facts and circumstances of the case. It is an admitted fact that the accused appellants has remained in custody from 29.11.1988 to 6.12.1988. After considering all the facts and circumstances of the case particularly the age of the accused appellant and the occurrence is of the year 1988, I am of the view that ends of justice would be met in case the accused appellant is sentenced to the period already undergone by him.