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Abdul Gaffar and anr. Vs. the State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Criminal Revision No. 85 of 1984
Judge
Reported in1984WLN(UC)232
AppellantAbdul Gaffar and anr.
RespondentThe State of Rajasthan
Excerpt:
.....accused-petitioner have faced the trial for 1-½ months.;the acused petitioners are given the sentence of imprisonment of the period already undergone by them.;revision partly allowed. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of..........did not challenge the conviction of the petitioners but his only submission is that the accused petitioners have already undergone a sentence for about 1- months and looking to the facts and circumstances of this case they should be released for the period already undergone by them. according to the prosecution story the accused petitioners gave an abuse to bhanwar singh constable and asked him to give a cigarette. shri bhanwar singh remonstrated the accused-petitioners for giving an abuse and on this the accused persons caught hold of bhanwar singh by collar of his neck and gave a beating both the lower courts have believed the statements of bhanwar singh, arjun lal and mayaram and i do not find any error of judgment of the courts below so far as the conviction of the.....
Judgment:

N.M. Kasliwal, J.

1. This revision petition by the accused petitioners is directed against the conviction of the petitioners under Section 120 of the Indian Railways Act and to a sentence of fine of Rs. 20/- and under Section 323 and 323 read with Section 109 IPC to undergo three months rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine to further undergo rigorous imprisonment for 14 days.

2. Learned Counsel for the petitioners did not challenge the conviction of the petitioners but his only submission is that the accused petitioners have already undergone a sentence for about 1- months and looking to the facts and circumstances of this case they should be released for the period already undergone by them. According to the prosecution story the accused petitioners gave an abuse to Bhanwar Singh constable and asked him to give a cigarette. Shri Bhanwar Singh remonstrated the accused-petitioners for giving an abuse and on this the accused persons caught hold of Bhanwar Singh by collar of his neck and gave a beating Both the lower courts have believed the statements of Bhanwar Singh, Arjun Lal and Mayaram and I do not find any error of judgment of the courts below so far as the conviction of the petitioners under the above offences concerned. So far as the sentence is concerned, the incident relates to July 8, 1979. The accused-petitioners have faced the trial for about 5 years and they have already remained in jail for a period of 1-1/2 months.

3. In view of these circumstances this revision petition is partly allowed. The conviction of the petitioner is maintained. The accused petitioners are given the sentence of imprisonment of the period already undergone by them. The sentence of fine imposed on the petitioners is maintained. The accused-petitioners shall be released if they are not required in any other case.


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