HAKAM 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. 1/2/2006 passed by the Court of Addl. Civil Judge (J.D.) and Judicial Magistrate No. 3, Ajmer (for short Rs.the Trial Court') in Criminal Case No. 639/2005, whereby the Trial Court convicted the accused-petitioner for the offence punishable under Sec. 392 IPC and sentenced him to undergo 2 years' RI and fine of Rs. 2,000/- and in default of payment of fine, two months' further RI.

(2.) The petitioner had further challenged the aforesaid order/judgment dtd. 1/2/2006 passed by the Trial Court by filing a Criminal Appeal bearing No. 12/2006 before the Court of Addl. Sessions Judge No. 2, Ajmer, whereby the learned Court vide order dtd. 14/6/2006 had rejected the appeal filed by the accused petitioner and affirmed the order passed by the Trial Court.

(3.) Learned Counsel for the revisionist-petitioner further submits that the present matter pertains to an incident which occurred in year 2005 and this revision petition has been pending since year 2006. Counsel 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 one year 3 months and 26 days.