CHHINDA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed under Sec. 374(2) Cr.P.C. against the judgment dt 28.7.1997 passed by Special Judge for SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar in Cr. Case No. 65/1996 by which the learned trial Court convicted the accused appellant for offence under Sec. 354 IPC read with Sec. 3(i)(xi) of the SC/ST Act and for offence under Sec. 447 IPC. The following punishment was given to the appellant:

(2.) The learned counsel for the appellant at the threshold submitted that the appellant is not challenging the conviction for the aforesaid offence but submits that incident took place in the year 1995 and after near about 20 years in the interest of justice, his sentence awarded may be reduced to already undergone. In support of his contention, the learned counsel for the appellant invited my attention towards the judgment rendered by this Court at Jaipur Bench in S.B. Cr. Appeal No. 21 of 1990 : Man Singh v/s. State of Rajasthan decided on 8.5.2013 in which almost in identical circumstances the coordinate bench of this Court at Jaipur Bench reduced the sentence to already undergone, therefore, this appeal may also be partly allowed and sentence awarded to the appellant may be reduced to already undergone.

(3.) Per contra, the learned Public Prosecutor vehemently opposed the prayer and submits that appellant is not entitled for any leniency because he has committed an offence which is serious in nature.