JUDGMENT

Pushpendra Singh Bhati, J. - The matter pertains to an incident which occurred in the year 1996 and the present appeal has been pending since the year 1997.

2. Learned counsel appearing on behalf of the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 16.5.1997 passed by the learned Special SC/ST (Prevention of Atrocities) Cases, Jodhpur in Sessions Case No. 129/1996 whereby the appellant was convicted for the offence under Section 323 IPC and sentenced to undergo six month's S.I. and a fine of Rs. 500/-, in default of payment of which he was ordered to further undergo one month's S.I. and under Section 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the appellant was convicted and sentenced to undergo six month's R.I. and a fine of Rs. 100/-, in default of payment of which he was ordered to further undergo 15 days' S.I.

2.1. Learned counsel submits that in the special circumstances, where the matters are of extremely old pendency and unless there are aggravating circumstances, the same need not be revisited on merits, and thus, it is a fit case for interference of this Court for passing of an order reducing the sentence awarded to the appellant to the period already undergone by him.

2.2. Learned counsel further submits that the sentence so awarded to the appellant was however suspended by this Hon'ble Court, vide order dated 15.10.1997 passed in S.B. Criminal Bail (SOS) Application No. 421/1997.

2.3. Learned counsel, however, makes a limited submission that without making any interference on merits/conviction, the sentence awarded to the present revisionist-appellant may be substituted with the period of sentence already undergone by him.

3. Learned Public Prosecutor opposes the same.

4. Heard learned counsel for the parties as well as perused the record of the case.

4.1. This Court is conscious of the judgments rendered in, Alister Anthony Pareira v. State of Maharashtra (2012) 2 SCC 648 and Haripada Das v. State of W.B. (1998) 9 SCC 678 wherein the Hon'ble Apex Court observed as under:-

Alister Anthony Pareira (Supra)

"There is no straitjacket formula for sentencing an accused on proof of crime. The courts have evolved certain principles: twin objective of the sentencing policy is deterrence and correction. What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances."

Haripada Das (Supra)

"...considering the fact that the respondent had already undergone detention for some period and the case is pending for a pretty long time for which he had suffered both financial hardship and mental agony and also considering the fact that he had been released on bail as far back as on 17-1-1986, we feel that the ends of justice will be met in the facts of the case if the sentence is reduced to the period already undergone..."

4.2. This Court is also conscious of the judgments rendered by this Hon'ble Court in Hakam Singh v. State of Rajasthan, (2016) 3 CriLR 1294 and Puran Singh v. State of Rajasthan, 2011 1 CriLR 662, pertaining to the Rajasthan Excise Act, wherein it was clearly held that in special conditions, owing to the facts and circumstances of a case, the minimum sentence can be overlooked by the Hon'ble Court for the purpose of passing an order, substituting the sentence awarded, with the period already undergone by the accused, where the sentence undergone by the accused is less than the minimum sentence prescribed by the relevant statute.

4.3. Darshan Singh v. State of Rajasthan, 1995 Cr.L.R. (Raj.) 208, was a case pertaining to the Arms Act, which also prescribes a minimum sentence, wherein this Hon'ble Court ruled in a similar manner as discussed hereinabove.

4.4. In Mohd. Firoz v. State of Madhya Pradesh (Criminal Appeal No. 612/2019, decided on 19.04.2022), where