The court balanced the interests of the individual and the society, considering the purpose of criminal law to bring discipline and harmony while affording an opportunity for the individual to reform.

Jasbir Singh, J.

1. This revision petition has been filed against the judgment and order dated 15.9.1989, vide which the trial Court convicted and sentenced the petitioner to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- for commission of an offence under Section 411 of Indian Penal Code. His appeal was dismissed by the appellate court below, vide its judgment dated 11.7.1990. That order is also under challenge in this revision petition.

2. It was the story of the prosecution that on the intervening night of 27th and 28th January, 1986, Roop Chand stayed in the house of accused-petitioner and after taking his meals he went to sleep in a room with his bag containing Rs. 75,000/-, route permit, a national permit and his bank pass-book, which kept under the pillow. In the morning, when he got up, he found the bag containing all these articles missing. On not getting satisfactory reply from the petitioner, matter was reported to the police. FIR was recorded and during investigation, above mentioned articles were recovered. On the basis of statement Ex.PA, petitioner was then challaned for commission of offence under Section 411 of Indian Penal Code. He was charge sheeted. Prosecution then led evidence to prove its case. After completion of prosecution evidence, statement of the petitioner was recorded under Section 313 of Code of Criminal Procedure, wherein he pleaded his false implication. Trial court, then, on perusal of evidence, found him guilty of an offence under Section 411 IPC, convicted and sentenced him as found mentioned in paragraph No. 1 of this order. Petitioner went in appeal, which was dismissed.

3. It is apparent from the records that the stolen articles were recovered on the basis of a disclosure statement Ex.PB, Case of the prosecution is fully proved by the Statements of PW1 Roop Chand complainant, PW2 Rajinder Kumar and Investigating Officer. Petitioner had brought no evidence to show that his implication was false. In the grounds of revision, petitioner has indicated towards some discrepancies in the statements of witnesses. However, on perusal of the records, it is found that discrepancies were minor. There existed no contradiction on the basis of which, it can be said that the prosecution had failed to prove its case beyond a reasonable doubt.

4. The counsel for the petitioner has submitted that the occurrence took place in the year 1986; petitioner had been facing agony of trial till September, 1989, his appeal was decided on 11.7.1990, now this revision petition had been pending since the year 1990; sword of conviction had been hanging over head of the petitioner, during this period; speedy trial is an essential right of any individual who is involved in any offence; the prosecution had been delayed and if at this stage, for offence alleged to have been committed in the year 1986, petitioners is sent behind the bars, it will have an adverse effect, not only on him but upon his family also. It is further submitted that the petitioner has not indulged in any other illegal activity after his conviction and now he is leading a disciplined life. By stating all these facts, he has prayed that sentence of the petitioner be set aside and he be ordered to be released on probation.

5. This prayer has vehemently been opposed by counsel appearing for the State. He has stated that guilt of the appellant is proved on record and punishment is in proportion to the offence committed by him and prayed that appeal by dismissed and conviction for and sentence be upheld.

6. This court is of the opinion that purpose of criminal law is to bring discipline, peace and harmony in the society and also to give an opportunity an erring individual to reform himself. It is apparent from the arguments and the records that sword of conviction had been hanging over head of petitioner for the last more than 15 years. May be with the passage of time, he has reformed himself and now is living in peace a