Reduction of sentence based on the period already undergone by the appellant and the overall circumstances.

Headnote:
Criminal Appeal - Conviction and Sentence Reduction - Bovine Act and Prevention of Animal Cruelty Act - The court partly allowed the appeal, maintaining the conviction and reducing the sentence for the appellant No.1-Magan while maintaining the fine amount as imposed by the trial court.
Fact of the Case:

The appellants were convicted and sentenced for offenses under the Bovine Act and Prevention of Animal Cruelty Act based on a report filed by the complainant regarding the transportation of calves for export. The trial court convicted and sentenced the appellants, leading to the filing of the instant appeal.
Finding of the Court:

The court considered the arguments of the appellant's counsel regarding the reduction of the sentence for the appellant No.1-Magan, who had already undergone a period of incarceration and mental trauma due to the protracted trial. The court found it just and proper to reduce the sentence while maintaining the fine amount imposed by the trial court.
Issues: The main issue was the reduction of the sentence for the appellant No.1-Magan, considering the circumstances and the period already undergone by him.
Ratio Decidendi: The court decided to reduce the sentence for the appellant No.1-Magan based on the overall circumstances, including the time already spent in incarceration and the mental trauma of the protracted trial.
Final Decision: The appeal was partly allowed, maintaining the conviction and reducing the sentence for the appellant No.1-Magan while maintaining the fine amount as imposed by the trial court. Three months' time was granted to deposit the fine amount, and in default of payment, the appellant No.1-Magan would undergo one month's simple imprisonment.

Order

05/03/2024 Instant criminal appeal has been filed by the appellants under Section 374(2) Cr.P.C. against the judgment dated 05.03.2014 passed by learned Special Judge, SC/ST (Prevention of Atrocities) & Addl. Sessions Judge, Pratapgarh, in Sessions Case No.40/2010 by which the learned Judge convicted and sentenced the appellants as under :

Offence U/s 5, 6 R/w 8 of Bovine Act : One year’s R.I. and a fine of Rs.500/-, in default of payment of fine, further undergo fifteen days’ S.I.

Offence U/s 9 of Bovine Act : Six months’ R.I. and a fine of Rs.200/-, in default of payment of fine, further undergo seven days’ S.I.

Offence 11 of Prevention of Animal Cruelty Act : Fine of Rs.50/-, in default of payment of fine, further undergo three days’

S.I.

All the sentences were ordered to run concurrently.

Brief facts of the case are that on 25.05.2008 complainant Ramesh Chandra Sharma gave a written report to SHO Police Station Suhagpura, stating therein that on 25.05.2008 at about 7.00 a.m. Kailash Gurjar informed him that on Gautameshwar Road in Panawala Ghata a Truck bearing Number CH-6677 is standing, in which 25 calves were loaded out of which one calf was lying dead in the truck. In the said truck, Madan, Prabhdu, Mohan, Dudha and Tita were sitting and upon inquiry, they informed that they were taking the calves to Gujarat.

The police registered the FIR for offence under Sections 3, 5, 8(2), 9 Rajasthan Bovine Animal (Prohibition of Slaughter & Regulation of Temporary Migration of Export) Act, 1995 and 11 of Prevention of Animal Cruelty Act and started investigation. After investigation, the police filed challan against the present appellant. Thereafter, the charge for offence under Sections 3/8, 5/8, 6/8, 9 of Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and Section 11 of Prevention of Animal Cruelty Act, was framed by the trial court against the appellants, who denied the charges and claimed trial.

During the course of trial, the prosecution examined eleven witnesses and also exhibited some documents. Thereafter, statement of appellant under section 313 Cr.P.C was recorded. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 05.03.2014 convicted and sentenced the appellant for offence under Sections 5, 6 read with Section 8(2) and 9 of Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and Section 11 of Prevention of Animal Cruelty Act, as mentioned earlier.

During the course of arguments, it has been informed by the counsel for the appellants that appellant No.2-Tita has expired on 05.02.2024. Therefore, the present appeal to the extent of appellant No.2-Tita is hereby dismissed as abated.

So far counsel for the appellant No.1 Magan is concerned, at the threshold, counsel does not challenge the finding of conviction but it is submitted that since the occurrence relates back to year 2008 and the appellant No.1 has so far suffered a sentence of about seven days, out of total sentence of one year’s R.I., therefore, it is prayed that the substantive sentence awarded to the appellant No.1-Magan for the aforesaid offence may be reduced to the period already undergone by him. In support of his contention, learned counsel for the appellant relied upon judgment of this Court in the case of Mohammad Ali v. State of Rajasthan reported in 2013(4) CJ(Cri.) (Raj.) 1914, Niyamat Ali Nemu v. State of Rajasthan reported in 2013(4) CJ(Cri.) (Raj.) 1915, Sher Singh vs. State of Rajasthan reported in 2016(1) WLN 156 (Raj.)

On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the appellant. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant No.1 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 judg

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