SATISH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition has been filed by the accused-petitioner under Sec. 438 read with Sec. 442 of B.N.S.S., 2023 assailing the judgment of conviction and sentence dtd. 29/2/2024 passed by the Court of learned Additional Senior Civil Judge & Additional Chief Judicial Magistrate No. 5, Alwar (for short the Rs.Trial Court') in Criminal Case No. 23/420/23 C.I.S. No. 5124/2020, whereby the learned Trial Court convicted the accused-petitioner for the offence punishable under Sec. 379 IPC to undergo two years simple imprisonment and a fine of Rs. 2000/- and in default of payment of fine, to further undergo additional one month simple imprisonment. The petitioner has further challenged the judgment dtd. 24/4/2024 passed by the Court of learned Additional Sessions Judge, No. 4, Alwar (Raj.), (for short the Rs.Appellate Court') in Criminal Regular Appeal No. 20/2024 C.I.S. No. 91/2024, whereby the learned appellate Court dismissed the appeal and affirmed the judgment dtd. 29/2/2024 passed by the 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 about fifteen (15) months. It is also submitted that no any other criminal case is pending against him.

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