The court reduced the sentence for fraud under Section 420 IPC to the time served, recognizing the prolonged trial and incarceration.

Judgment

11/07/2025 Instant revision petition under Section 438/442 of BNSS, 2023 has been filed by the petitioner challenging the judgment dated 25.06.2025 passed by learned Additional Session Judge No.5, Jodhpur Metro in Criminal Appeal No.225/2023 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 01.06.2023 passed by the learned Additional Chief Metropolitan Magistrate No.8, Jodhpur Metro in Cr. Regular Case No.171/2022, whereby, the learned trial court convicted the petitioner for offence under Section 420 IPC and sentenced to undergo three years SI along with fine of Rs.50,000/- and in default of payment of fine, to further undergo 6 months SI.

Brief facts of the case are that on 07.01.2017, complainant Santosh Kumar filed a complaint against the petitioners before the Police Station Mahamandir, Jodhpur for offences under Sections 420 , 406 IPC . Upon which, FIR was registered and Police commenced investigation. On completion of the Investigation, Police filed challan before the trial court. Thereafter, the trial court framed the charge against the accused-petitioner, who denied the charges and claimed trial.

During the course of trial, the prosecution examined as many as seven witnesses and exhibited certain documents. Thereafter, statement of the accused-petitioner was recorded under section

313 Cr.P.C .

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 01.06.2023 convicted and sentenced the accused-petitioner for offence under Section 420 IPC .

Aggrieved by his conviction and sentence, the petitioner preferred an appeal before the learned appellate court, which came to be dismissed vide judgment dated 25.06.2025. Hence this revision petition.

At the threshold, counsel for the petitioner does not challenge the finding of conviction but it is submitted that the occurrence relates back to year 2017 and the petitioner has so far suffered a sentence of more than one year and five months, out of total sentence of three years S.I. In such circumstances, it is prayed that the substantive sentence awarded to the accused- petitioner for the offence under Section 420 IPC may be reduced to the period already undergone by him.

On the other hand, the learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the submissions made by the learned counsel for the accused- petitioner and submitted that there is neither any occasion to interfere with the sentence awarded to the accused petitioner 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-petitioner.

It is not disputed that the occurrence has taken place in the year 2017 and the accused-petitioner has so far undergone a period of more than one year and five months 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 fact that the accused-petitioner 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 Section 420 IPC and affirmed by the appellate court is reduced to the period already undergone by him.

Accordingly, the criminal revision petition is partly allowed.

While maintaining the conviction of the petitioner for offence under Section 420 IPC , the sentence awarded to him for aforesaid offence is hereby reduced to the period already undergone. The fine imposed by the trial court is also reduced from Rs.50,000/- to Rs.25,000/-. The accused petitioner is in jail. On deposition of reduced fine amount, the petitioner be released forthwith, if not required in any other case. If, the petitioner fails to deposit the reduced fine amount, he shall undergo default sentence of six months SI.

Application for suspensio