[2025:RJ-JP:42458]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 671/2008 Ritesh @ Bunti S/o Shri Ramesh Chand, R/o House no. C-27A, Devi Nagar, Radha Vihar Colony, P.S. Mahesh Nagar, Jaipur (Raj.)

----Petitioner Versus State of Rajasthan through P.P.

----Respondent For Petitioner(s) : Mr. Mahesh Gupta For Respondent(s) : Mr. Jitendra Singh Rathore, Addl. G.A.

HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

16/10/2025

1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure has been filed by the accused-petitioner - Ritesh @ Bunti against the Order dated 11.06.2008 passed by Additional Sessions Judge (Fastrack) no. 1, Jaipur City, Jaipur (hereinafter referred to as "appellate court") in Criminal Appeal No. 5/2008 (Ritesh @ Bunti vs. State of Rajasthan) vide which criminal appeal filed by the accused- petitioner against the Judgment and Order dated 30.11.2007 passed by Additional Civil Judge (Junior Division) & Judicial Magistrate no. 15, Jaipur City, Jaipur in Criminal Regular Case no. 872/07 (hereinafter referred to as "trial court") convicting him for the offence under Section 379 of I.P.C. and sentencing him to undergo three years’ simple imprisonment with a fine of Rs. 500/- and in default of payment of fine to further undergo 15 days simple imprisonment, has been dismissed.

2. Facts of the case in short are that on 28.03.2007, complainant Harish Murjani (P.W. 1) has submitted a written report (Ex. P/1) to the effect that he does marketing work in Chandu Crockery Maniharon Ki Rasta, Jaipur and for that purpose, his owner Girdharilal A Sangtani gave him a Hero Honda motorcycle bearing registration no. R.J. 14- SG- 9874 for marketing. On 26.03.2007 around 7.00 P.M., he went to Kanji Sweets, Opposite Polo Victory, Station road, Jaipur to collect payment. He parked the said motor cycle in front of Kanji Sweets and went inside the shop. Around 7:30 PM, when he came back, the said motor cycle could not be found there. He searched the motor cycle in surrounding area but not succeeded. On the basis of said report, F.I.R. No.41/07 was registered at Police Station Sindhi Camp, District Jaipur for the offence under Section 379 I.P.C and investigation was commenced. After conclusion of investigation, police submitted challan against accused-petitioner for the offence under Section 379 I.P.C. The trial court framed charge against the petitioner for the offence under Section 379 I.P.C. The accused denied the charges and claimed for trial. After conclusion of trial, the trial court passed judgment and order convicting and sentencing him for the offence under Section 379 I.P.C. as indicated above. Aggrieved by judgment of conviction and sentence dated 30.11.2007, accused-petitioner preferred an appeal before the learned appellate court, which passed the Order dated 11.06.2008 dismissing the appeal. Hence, this criminal revision petition has been preferred by the accused-petitioner.

3. Heard learned counsel for the parties.

4. After arguing the matter on merits at some length, learned counsel for the accused-petitioner does not wish to press instant revision petition challenging judgments passed by the courts below qua conviction and prefers to make submissions on the point of sentence only.

5. Learned counsel for the accused-petitioner has submitted that incident in the present case took place way back in the year 2007 i.e. around 18 years ago; accused-petitioner was 33 years of age at the time of incident and now he is around 51 years old and facing agony of trial since last around 18 years; accused-petitioner who is sole bread earner in the family, belongs to poor strata of society and remained in police and judicial custody for a period of more than two months and there is no previous conviction recorded against the accused-petitioner, therefore, he prays that ends of justice would meet if a lenient view is taken in the matter and sentence of imprisonment award