Criminal Revision No. 214 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 214 of 1994 Date of decision: April 21, 2008 Ram Kumar … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ranjit Singh, Advocate for the petitioner. Mr. Sunil Nehra, Assistant Advocate General Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. Ram Kumar son of Het Ram, caste Jat, resident of village Dhobi is present in person. He has stated his age to be more than 70 years. On appearance also, he can be stated to be 70 years old. He has been convicted by the Court of Additional Chief Judicial Magistrate, Hissar under Section 354 IPC to under six months rigorous imprisonment and under Section 506 IPC, to under one year rigorous imprisonment and to pay a fine of Rs.500/-. In default of payment of fine, he was ordered to undergo rigorous imprisonment for one month. In the present case, occurrence pertains to the night intervening 24th and 25th October, 1990. Petitioner has already suffered a protracted trial of 18 years. Petitioner was taken into custody on 17th March, 1994 and was ordered to be released on bail by this Court on 29th Marcy, 1994. Petitioner states that he has undergone about 15 days of his sentence. It will be pertinent to note here that the sentence awarded under Section 354 IPC was six months, whereas for the offence under Section 506 IPC sentence awarded was one year. Both the Criminal Revision No. 214 of 1994 2 courts below have returned the finding that petitioner has made an attempt to outrage the modesty of Roshni, a girl aged 14 years. The courts below have relied upon the testimony of Roshni (complainant) PW-1 and her mother Saraswati (PW-2). Both the courts below have found no discrepancy or contradiction in their evidence and found them to be trustworthy witnesses. Petitioner, who is present in the Court, has thrown himself at the mercy of the Court and stated that taking into account his age and protracted trial, this Court should deal with him leniently. Taking into consideration the age of the petitioner and the fact that the occurrence pertains to year 1990, ends of justice will be fully met in case sentence of the petitioner is reduced to already undergone with a condition that he shall compensate the victim and pay Rs.35,000/- as compensation. Mr. Sunil Nehra appearing for the State, looking at the age of the petitioner, has also stated that as the petitioner is very old, he will have no objection in case the sentence of the petitioner is reduced to already undergone and the victim is compensated. I appreciate the gesture and stand taken by Mr. Sunil Nehra, counsel for the State. Accordingly, the present writ petition is disposed off that on deposit of Rs.35,000/- in the trial Court, i.e. the Court of Additional Chief Judicial Magistrate, Hissar, the sentence of the petitioner shall stand reduced to already undergone. The petitioner may deposit the amount within a period of three months from today. The amount so deposited shall be disbursed to PW-1 Roshni. Copy of this order be given to the petitioner dasti on the usual terms. [KANWALJIT SINGH AHLUWALIA] JUDGE April 21, 2008 rps