The court can reduce a sentence based on the time already served and the mental distress caused by prolonged legal proceedings.

Judgment

24/01/2024

Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioners challenging the judgment dated 23.01.2023 passed by learned Additional Session Judge No.1, Nohar, District Hanumangarh (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No.81/2018 by which the appellate court dismissed the appeal of the petitioners and while maintaining their conviction for offence under Sections 19/54 & 54A of Rajasthan Excise Act, enhanced their sentence as awarded by the learned Judicial Magistrate, Rawatsar, District Hanumangarh vide judgment dated 14.06.2018 in Criminal Regular Case No.725/2014.

The details of the sentence of the petitioners are as under :

Section 19/54 of Rajasthan Excise Act : Three years’ S.I. and fine of Rs.20,000/-, in default of payment of fine, to further undergo one month’s additional imprisonment.

Section 54A of Rajasthan Excise Act : One year’s S.I. and fine of Rs.20,000/-, in default of payment of fine, to further undergo one month’s additional imprisonment.

Both the sentences were ordered to run concurrently.

Brief facts of the case are that on 11.12.2010, SHO Buta Singh of PS Pallu along with his team went on patrolling and during patrolling, on suspicion they searched a pick-up car and recovered liquor without any licence. The driver of the pick-up disclosed his name as Banwarilal and the other person sitting therein disclosed his name as Amarchand (present petitioners). On the basis of the said recovery, police registered the case against accused-petitioners for offence under Section 19/54 of Rajasthan Excise Act and started investigation.

On completion of investigation, the police filed challan against the accused petitioners for offences under Sections 19/54 & 54A of Rajasthan Excise Act. Thereafter, the charges of the case were framed by the trial court against the accused petitioners, who denied the charges and claimed trial.

During the course of trial, the prosecution examined nine witnesses. Thereafter, statements of the accused petitioners under section 313 Cr.P.C were recorded. In defence, one document was exhibited.

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 14.06.2018 convicted and sentenced the accused-petitioners for offences as mentioned earlier.

Aggrieved by their conviction and sentence, the petitioners preferred an appeal before the learned appellate court, which came to be dismissed vide judgment dated 23.01.2023 and the appellate court while maintaining their conviction for offences under Sections 19/54 & 54A of Rajasthan Excise Act, enhanced their sentence as mentioned above. Hence this revision petition.

At the threshold, counsel for the petitioners does not challenge the finding of conviction but it is submitted that the occurrence relates back to year 2010 and they have so far suffered a sentence of about three months & eight days, out of total sentence of three years’ SI. In such circumstances, it is prayed that the substantive sentence awarded to the accused-petitioners for the offence under Sections 19/54 & 54A of Rajasthan Excise Act may be reduced to the period already undergone by them.

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

I have perused the evidence of the prosecution as well as defence and the judgment passed by the courts below regarding conviction of the accused-petitioners.

It is not disputed that the occurrence has taken place in the year 2010 and the accused-petitioners have so far undergone a period of three months & eight days incarceration, out of total sentence of three years’ S.I., and so also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fac