T.P.Garg - (1.) SRI G. K. Khanna. holding brief of SRI Rajesh Tandon, learned counsel for the revisionist/applicant, and the learned A. G. A. for the State are present.
(2.) HEARD. The present revision is directed against the conviction under Section 406. l.P.C, and sentence to undergo R. I. for six months and also to pay fine of Rs. 5,000, or in default of payment of fine further to undergo R. I. for six months passed by the Ilnd Additional Sessions Judge (special Judge), Nainital, in Criminal Appeal No. 118 of 1982 on 12.4.1984. Today, at the outset, the learned counsel for the applicant has not challenged the conviction of the applicant on merits. He has only prayed for reduction in the substantive sentence on the ground that the applicant has already remained in jail for a period of two months seven days and already a period of 18 years has since elapsed for which the applicant has been undergoing all the mental agony and pain of a long trial. On behalf of the State, the aforesaid contention has not been refuted. In view of the said submission the conviction of the applicant is maintained.
(3.) EVEN otherwise, the conviction of the applicant Is based upon a sound appreciation and scrutiny of the entire evidence on record by both the courts below. Both the courts below have rightly believed the prosecution version and disbelieved that of the accused. There is no illegality or infirmity in any of the orders of the lower courts. The conviction of the applicant is, thus, maintained even on merits. As regards sentence, suffice will it be to say that the applicant has already suffered a lot during all this period of about 18 years of trial. Having regard to the mental agony, pain and hardship, besides financial strain which the applicant must have undergone during this long period and also that he has already remained in jail for a period of more than two months, out of six months' R. I., in my opinion, the ends of justice will be amply met if the period of substantive sentence is reduced to that already undergone. .Order accordingly. The sentence of fine is, however, maintained. However, the sentence in default of payment of fine is modified and it is hereby ordered that in default of payment of fine the applicant will undergo R. I. for three months. The applicant is given three months' time to deposit the fine, if not already deposited, failing which the C.J.M., Nainital, shall issue warrant of arrest and send him to jail to undergo the sentence awarded to him in default of payment of fine.;