RAM BAHADUR DAS Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS Revision Petition has been preferred against the impugned judgment dated 28.09.2012 passed by the learned Sessions Judge, Special Division ­ II, East Sikkim at Gangtok in Criminal Appeal No.3 of 2012, upholding the conviction of the Appellant for offences under section 420, 468, 471 read with section 465 of Indian Penal Code, 1860 (for short "IPC") in Vigilance Case No.1 of 2004 by the learned Judicial Magistrate, East and North Sikkim at Gangtok by his judgment dated 18.11.2005 and sentencing him to SI of two years for offence under section 420 IPC and a fine of Rs.500/-, SI for two years for offence under section 468 and to pay a fine of Rs.500/- and in default of payment of fine to undergo SI for a further period of two months and SI for one year under Section 471 read with Section 465 IPC., and the sentences were to run concurrently.

(2.) WHEN the matter was taken up for arguments on 06.06.2013, Mr. N. Rai, learned Senior Advocate appearing on behalf of the Revisionist/Petitioner submitted at the very outset that he shall be confining his arguments only on the question of sentence in the light of the decision in Bhousaheb Kalu Patil vs. State of Maharashtra : AIR 1981 SC 80 and press for bringing the Petitioner's case under Section 4 read with section 6 of the Probation of Offenders Act, 1958. Upon this, Mr. Karma Thinlay Namgyal, learned Additional Public Prosecutor sought for a day's time to consider the stand to be taken on behalf of the State. The matter was accordingly adjourned for today.

(3.) AS per Mr. Rai, the primary reason for the Petitioner in seeking such relief is because of the mental agony which the Revisionist/Petitioner had undergone during the course of the trial, his advancing age which is said to be more than 55 years and other related factors. It is also submitted that conviction of the offence was an extraordinary aberration in the life of the Revisionist/Petitioner for which he has suffered immensely in terms of mental trauma, social stigma and suspension from service for all these years and that he has already undergone custody of 4 months and 17 days.