Kundan Singh - (1.) THIS revision is directed against the judgment and order dated 18.1.1994 passed by the Sessions Judge, Agra dismissing the Criminal Appeal No. 113 of 1993 and confirming the conviction and sentence of the applicant under Section 3 of the Railway Property (Unlawful) Possession Act. The applicant was sentenced to undergo one year R.I. and a fine of Rs. 1,000 in Criminal Case No. 769 of 1980. THIS revision was admitted only on the question of sentence.
(2.) THE applicant was found with unlawful possession of a baby cup-link on 30.12.1979 at about 6.30 a.m. by Head Rakshak M. A. Khan P.W. 3, who apprehended the applicant and the incident was witnessed by Sahzad Khan P.W. 2, Ayodhia Nath P.W. 3 and Head Rakshak Nandan Shyam P.W. 4. After going through the evidence on record, the learned Magistrate found the applicant guilty of the offence and convicted and sentenced him as stated above by his order dated 19.4.1993. Being aggrieved from the judgment and order of the learned Magistrate, the applicant filed an appeal before the Sessions Judge who, after considering the evidence on record, dismissed the same by his judgment and order dated 18.1.1994. The learned counsel for the applicant submitted that the applicant was apprehended with a gunny bag on his shoulder and a baby cup-link was recovered from the gunny bag. The cost of the property in market is not more than Rs. 30 or 40. The applicant has been in jail for about one month and three weeks. There is no bad antecedent of the applicant. The applicant has suffered a lot of mental agony since his conviction and sentence regarding the incident which took place on 30.12.1979 about 17 years back. The learned counsel also relied on a case Onkar Singh v. State o/U.P., 1985 ACC 380, wherein this Court reduced the sentence of one year to a fine of Rs. 500 for the recovery of railway property which was valued at Rs. 20 only. Under Section 3 (a) an outer limit of the sentence provided under Section 3 of the aforesaid Act in 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 a fine shall not be less than Rs. 1,000. The minimum sentence provided under Section 3 (a) is one year and a fine of Rs. 1,000 but in case 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 heard the learned counsel for the parties on the question of sentence. The property alleged to have been recovered from the possession of the applicant is of one baby cup-link, the value of which, according to the learned counsel is about Rs. 30 or 40 and the applicant has already suffered the imprisonment of about one month and three weeks. In my opinion, if the sentence of one year is reduced to the period of imprisonment already undergone, it would meet the ends of justice. The learned counsel for the applicant also informed that the applicant has already deposited the amount of fine. Upholding the conviction under Section 3 of the Railway Property (Unlawful) Possession Act, I reduce the sentence of one year R.I. to the period already undergone. (sic);