Order

26/03/2025 The application filed under Section 5 of the Limitation Act is hereby allowed and delay in filing the criminal revision petition is hereby condoned.

Heard on criminal revision petition.

Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dated 28.02.2020 passed by learned Sessions Judge Merta, District Nagaur, (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No.39/2016 (CIS No.41/2016) by which the appellate court partly allowed the appeal of the petitioner and modified the judgment of sentence dated 21.04.2016 passed by the learned Addl. Chief Judicial Magistrate Degana, (hereinafter referred to as ‘the trial court’) in Criminal Original Case No.265/2006 and reduced the sentence of the petitioner awarded by the trial court to the period already undergone by him while maintaining the fine amount, as imposed by the trial Court and it is also ordered that if the petitioner fails to deposit the fine amount within a period of one month, the sentence and conviction of the trial Court shall be maintained. The details of the sentence and conviction passed by the learned trial court as under :-

Both the sentences were ordered to run concurrently.

Brief facts of the case are that on 16.07.2006 complainant Smt. Shanti gave a written report at concerned Police Station to the effect that on 15.07.2006 she was sleeping with her children on rooftop. At about 12.00 a.m. petitioner accompanied by another individual, approached her residence and knock the door, upon opening the door, petitioner and co-accused unlawfully entered in her house and attempted to outrage her modesty. On this report, the police registered the case against accused-petitioner for offence under Sections 451 & 354 IPC and started investigation.

On completion of investigation, the police filed challan against the accused-petitioner for offence under Sections 451 & 354 IPC. Thereafter, the charges of the case were framed against the accused-petitioner, who denied the charges and claimed trial.

During the course of trial, the prosecution examined eight witnesses and also exhibited certain documents. Thereafter, statement of the accused-persons were recorded under section

313 Cr.P.C.

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 21.04.2016 convicted and sentenced the accused-petitioner for offences as mentioned earlier.

Aggrieved by his conviction and sentence, the petitioner preferred an appeal before the learned appellate court, which came to be partly allowed vide judgment dated 28.02.2020 and reduced the sentence of the petitioner awarded by the trial court to the period already undergone by him while maintaining the fine amount, as imposed by the trial Court and it is also ordered that if the petitioner fails to deposit the fine amount within a period of one month, the sentence and conviction of the trial Court shall be maintained. Hence, this revision petition.

At the threshold, counsel for the petitioner submits that the petitioner is an indigent person and he is not able to deposit the fine amount, as imposed by the learned trial court and due to which the conviction and sentence awarded by the learned trial Court is maintained. At present the petitioner has been in custody since 27.02.2025 for non compliance of the order dated 28.02.2020 passed by the appellate Court and now he is ready to deposit the said fine amount, therefore, he may be released. On the other hand, the learned Public Prosecutor vehemently opposed the submissions made by the learned counsel for the accused-petitioner.

I have perused the evidence of the prosecution as well as defence and the judgm