RAJU @ BUDDHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition has been filed by the accused-petitioner under Sec. 397 read with Sec. 401 of Cr.P.C. assailing the judgment of conviction and sentence dtd. 20/1/2018 passed by the Court of learned Additional Chief Metropolitan Magistrate, No. 21, Jaipur Metropolitan, Sanganer, (for short the Rs.Trial Court') in Criminal Case No. 2230/17, whereby the learned Trial Court convicted the accused-petitioner for the offence punishable under Sec. 16/54 Rajasthan Excise Act to undergo one year simple imprisonment and a fine of Rs. 20,000/- and default of payment of fine to further undergo additional three months simple imprisonment. The petitioner has further challenged the judgment dtd. 15/7/2023 passed by the Court of learned Additional Sessions Judge, No. 11, Jaipur Metropolitan-I, Headquarter Sanganer, (for short the Rs.Appellate Court') in Criminal Appeal No. 96/2023, CIS No. 172/2020, whereby the learned Appellate Court dismissed the aforesaid appeal and affirmed the order of the learned Trial Court.

(2.) Learned Counsel for the revisionist-petitioner makes only a limited prayer that without making any interference on merits/conviction, the sentence awarded to the present revisionist-petitioner may be substituted with the period of sentence already undergone by him, which is approximately eight months, as per the custody certificate dtd. 17/12/2024, as the accused-petitioner has been sentenced for the offence under Sec. 16/54 of the Rajasthan Excise Act to one year imprisonment. It is also submitted that no any other criminal case is pending against the petitioner.

(3.) Learned Public Prosecutor has vehemently opposed the prayer made by learned Counsel for the revisionist-petitioner.