JUDGMENT

1. Mr. Sandeep Kumar, Advocate is appointed as Amicus Curiae to argue the matter on behalf of the accused-appellants under the free legal aid scheme of RSLSA. His remuneration shall be paid by the Rajasthan State Legal Services Authority as per the rules.

2. The matter pertains to an incident which occurred in the year 1993 and the present appeal has been pending since the year 1994.

3. Learned counsel for the appellants submits that this Criminal Appeal has been preferred against the impugned judgment dated 06.12.1994 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Jaisalmer in Sessions Case No.44/1993 whereby the appellants was convicted for the offences under Sections 451, 342 IPC & 3(i)(x) SC/ST (Prevention of Atrocities) Act and were sentenced to undergo six months' S.I. and a fine of Rs.500/- in default of payment of fine they were further ordered to undergo two months' S.I. (all the sentences were ordered to run concurrently)

3.1 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 them.

3.2 Learned counsel further submits that the sentence so awarded to the appellants was however suspended by this Hon'ble Court, vide order dated 19.12.1994 passed in S.B. Criminal Misc. Bail (Sos) No.561/1994.

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

4. Learned Public Prosecutor opposes the same.

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

6. This Court is conscious of the judgments rendered in, Alister Anthony Pareira Vs. State of Maharashtra (2012) 2 SCC 648 and Haripada Das Vs. 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"

6.1. This Court is also conscious of the judgments rendered by this Hon'ble Court in Hakam Singh Vs. State of Rajasthan, (2016) 3 CriLR 1294 and Puran Singh Vs. 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.

6.2. Darshan Singh Vs. 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.

6.3. In Mohd. Firoz Vs. State of Madhya Pradesh (Criminal A