- (1.) By filing instant criminal revision petition under Section 397 read with section 401 Cr.P.C., the accused petitioner has challenged the impugned Judgment of conviction and sentence dated 11.8.2000 passed by learned Addl. Sessions Judge No. 1, Bundi (Raj.) (for short 'the learned appellate court') in criminal appeal No. 15/1997 by which he affirmed the Judgment of conviction and sentence dated 18.12.1996 passed by learned Addl. Civil Judge (Junior Division) & Judicial Magistrate S. No. 3 Bundi (for short 'the learned trial Court') passed in criminal case No. 1020/95. In this appeal learned counsel appearing on behalf of accused petitioner without going into merits of the case has made a request to the Court that he is not challenging the conviction part of the judgment of Courts below but he is only requesting to the Court that the sentence of the accused petitioner be reduced for the period already undergone.
(2.) He has further urged to this Court that in the instant case the alleged incident has taken place on 1.9.1995 i.e. approx. more than 15 years ago from today and the accused petitioner has remained in judicial lock near-about 42 days. Lastly, he submits that the accused petitioner is 42 years of age, having his family and his children are in marriageable age. It is first offence of the accused petitioner and he is not a habitual offender. The only allegation against the accused petitioner is that he broken the school window by the axe. The value of the window which was broken by the accused petitioner at the relevant point of time was Rs. 500/-. There is no minimum punishment in section 3 of Prevention of Damages of Public Property Act, 1984.
(3.) The learned Public Prosecutor has controverted the arguments advanced by the learned counsel for the accused petitioner. He has drawn attention of the Court to Section 3 of the Act of 1984, which runs as under: 3. Mischief causing damage to public property- (1) Whoever commits mischief by doing any act in respect of any public property, other than public property of the nature referred to in sub-section (2) shall be punished with imprisonment for a term which may extend to five years and with fine. (2) Whoever commits mischief by doing any act in respect of any public property being- (a) any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy; (b) any oil installations; (c) any sewage works; (d) any mine or factory; (e) any means of public transportation or of tele-communications or any shall be punished with rigorous punishment for a term which shall not be less than six months, but which may extend to five years and with fine: Provided that the court may, for reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than six months.;