The court upheld the conviction but reduced the sentence to the period already served, considering the duration of trial and mental suffering.

Judgment :

1. None appears on behalf of the petitioner even in the second round, therefore, learned counsel Mr. Kuldeep Sharma is appointed as amicus curiae in this matter. The remuneration to the amicus curiae shall be paid by Rajasthan State Legal Services Authority, Jodhpur.

2. Heard.

3. Instant criminal appeal has been filed by the appellant against the judgment dated 08.07.2013 passed by learned Special Judge, SC/ST Act Cases, District Bhilwara in Sessions Case No.16/2008 by which the learned Judge convicted and sentenced the appellant as under :

4. All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.

5. Brief facts of the case are that on 24.03.2008, complainant Sugna Meena submitted a written report at Arakshi Kendra Pander alleging that at about 7:30 PM she went to barn to feed her cattle at that time the accused Kailash came there and molested & assaulted her. When her husband came there and intervened, he assaulted him too. On this report, Police registered a case against the accused appellant and started investigation.

6. On completion of investigation, police filed challan against the accused-appellant. Thereafter, the trial court framed charges against the accused-appellant for offence under Sections 341, 323, 354 & 448 of IPC and Section 3(1)(XI) of SC/ST (Prevention of Atrocities) Act, who pleaded not guilty and claimed trial.

7. During the course of trial, the prosecution examined as many as 9 witnesses in support of its case and also exhibited some documents. Thereafter, statement of the accused-appellant was recorded under section 313 Cr.P.C.

8. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 08.07.2013 convicted and sentenced the appellant for the offence as aforesaid. Hence, this criminal appeal.

9. At the threshold, learned counsel for the accused-appellant submits that he does not challenge the finding of conviction but since the occurrence is related to the year 2008 and the accused appellant has so far suffered a sentence of about 5 days, out of total sentence of two years’ R.I., therefore, it is prayed that the sentence awarded to the appellant for the aforesaid offence may be reduced to the period already undergone by him.

10. On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the appellant. The learned Public Prosecutor submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant nor any compassion or sympathy is called for in the said case.

11. I have perused the evidence of the prosecution as well as defence and the judgment passed by the trial court regarding conviction of the accused-appellant.

12. Undisputedly, the occurrence relates back to year 2008 and, the appellant has so far undergone a period of 5 days incarceration, out of total sentence of two years’ R.I., and has also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the appellant has remained behind the bars for a considerable time, it will be just and proper if the sentence awarded by the trial court for offence under Sections 341, 323, 354 & 448 of IPC is reduced to the period already undergone by the appellant.

13. Accordingly, the appeal is partly allowed. While maintaining the appellant’s conviction for offence under Sections 341, 323, 354 & 448 of IPC, the sentence awarded to him for the said offence is hereby reduced to the period already undergone. The fine imposed by the trial court is hereby waived. The appellant is on bail. He need not surrender. His bail bonds are discharged.

14. Pending applications, if any, stands decided.

15. Record, if received, be sent back forthwith.