Sentence / Sentencing – Trial Court (Magistrate) convicted appellant u/ss.279, 338 IPC and sentenced him to imprisonment for six months and fine of Rs.500/- u/s.337 IPC – Conviction upheld by Sessions Judge and High Court – Appellant, however, was on bail all throughout – Appeal before Supreme Court – Question of sentence – Plea of appellant that he was sole earning member of a poor family consisting of four children and his wife; and if he was sent to jail after so many years, he will suffer irreparable injury – Held: Conviction of appellant affirmed – However, on facts, specially the fact that 26 years had elapsed from the date of commission of offence, six months sentence u/ss. 279 and 338 IPC substituted by fine of Rs.1000/- each whereas fine u/s.337 IPC maintained – Penal Code, 1860 – ss. 279, 337 and 338.
Partly allowing the appeal, the Court
HELD: There is no error in conviction recorded by the Trial Court. The conviction of appellant is affirmed, however, looking to the facts and circumstances of the present case specially the fact that 26 years have elapsed from the incident, this Court is inclined to substitute the sentence of six months imprisonment under Section 279 and 338 IPC into fine. Six months sentence under Section 279 and 338 IPC are substituted by fine of Rs.1000/- each whereas sentence of fine under Section 337 IPC is maintained. [Para 11][174-A-B]
Prakash Chandra Agnihotri v. State of M.P. (1990) Supp. SCC 764 - distinguished.
A.P Raju v. State of Orissa 1995 Supp. (2) SCC 385 referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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