VIKAS KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dtd. 5/2/2022 passed by the learned Sessions Judge, Banswara in Criminal Appeal No. 11/2022, whereby the learned Appellate Court affirmed the conviction of petitioner for the offence under Sec. 19/54 of the Rajasthan Excise Act as recorded by the learned Judicial Magistrate, Banswara vide judgment dtd. 18/1/2022 passed in Criminal Regular Case No. 11/2016, however, reduced the sentence for the above offence from 3 years' simple imprisonment to 3 months' simple imprisonment. The fine amount of Rs.20,000.00 and default sentence of 1 month's simple imprisonment was maintained.

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 11/1/2016 at 11.00 a.m., Chandraveer Singh, Head Constable, Police Station Ambapura alongwith Constable Kamla Shankar, both posted at Outpost Padala, placed a blockade on the road in front of outpost Padala for checking of vehicles. A Jeep Cruiser bearing registration No. RJ-03-TA- 1690 came from Banswara side, which was stopped for routine checking. Upon suspicion, search of the vehicle was conducted in the presence of motbir witnesses. A huge quantity of beer and English liquor was loaded therein. The driver of the Cruiser Jeep told his name to be Vikas Kumar S/o Rakma. He could not furnish any licence/explanation for transporting the said liquor, upon which the same was seized and FIR No. 16/2016 was registered. After usual investigation, a charge-sheet was filed against the present petitioner for the offence under Sec. 19/54 of the Rajasthan Excise Act.

(3.) The Learned Magistrate framed charges against the petitioner for the above offence and upon denial of guilt by him, commenced the trial. During the course of trial, the prosecution in order to prove the offences, examined as many as 7 witnesses and exhibited 14 documents. The accused, upon being confronted with the prosecution allegations, in his statement under Sec. 313 Cr.P.C., denied the allegations and claimed to be innocent. No evidence was adduced in defence. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned Trial Court convicted the accused for offence under Ss. 19/54 of the Rajasthan Excise Act vide judgment dtd. 18/1/2022 and sentenced him to undergo simple imprisonment of 3 years alongwith a fine of Rs.20,000.00. Aggrieved by the judgment of conviction, he preferred an appeal, which was partly allowed by the learned Appellate Court vide judgment dtd. 5/2/2022, whereby while affirming the judgment passed by the Trial Court, the sentence awarded was reduced from 3 years' simple imprisonment to 3 months' simple imprisonment. Hence, this revision petition is filed before this Court.