S.K.Mookerji - (1.) THE applicant was convicted under Section 3 of the Railways Property (Unlawful Possession) Act and sentenced to undergo one year's rigorous imprisonment. Aggrieved, the applicant filed Cr. Appeal Mo. 76 of 1985 which came up for hearing and decision before the Addl. Sessions Judge, Ghaziabad. THE learned Addl. Sessions judge dismissed the appeal by his judgment dated 20-&-1985. Hence, this revision.
(2.) LEARNED counsel for the applicant pressed this revision only on the question of sentence. He pointed out from the judgment of the trial court that the value of the Railway property involved in the present case was Rs. 20/- only. I have heard learned counsel for the applicant and also the learned counsel for the State. Under Section 3 (a) the outer limit of the sentence provided under Section 3 of the aforesaid Act in the case of first offence is five years or with fine or with both, and in the absence of special reasons the sentence can be reduced to one year and such fine shall not be less than Rs. 1000/-. Thus the minimum sentence provided under Section 3 (a) is one year or a fine of Rs. 1000/-. But in case special and adequate reasons are mentioned in the judgment of the court the minimum sentence can still be: reduced.
(3.) I have examined the material on record and have heard learned counsel for the parties on the question of sentence. In view of the fact that the value of the Railway property involved was Rs. 20/- only, I feel the interest of justice shall be met if the sentence of one year is reduced to a fine of Rs. 500/. The learned counsel for the applicant states that imposition of above fine will not be taken as enhancement of sentence. Upholding the conviction under Section 3 of the Railways Property (Unlawful Possession) Act 1966, I reduce the sentence of one year's rigorous imprisonment to a fine of Rs. 500/-. In default of payment of fine the applicant shall undergo rigorous imprisonment for a period of three months. The fine shall be paid within two months from today.;