CRR No. 460 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No. 460 of 2011 (O&M) Date of decision: 25.5.2011 Ajay Kumar ........ Petitioner Versus State of Punjab through CBI ........ Respondent CORAM: HON'BLE MR.JUSTICE JORA SINGH Present: Mr. B.S. Bhalla, Advocate, for the petitioner. Mr. Ajay Kaushik, Advocate, for CBI. JORA SINGH, J. Ajay Kumar, preferred this revision to challenge the judgment dated 9.2.2011, rendered by the learned Additional Sessions Judge, Patiala, in Criminal Appeal No. 33T/10 of 29.10.2009. By the said judgment, appeal against the judgment of conviction dated 29.9.2009 and order of sentence dated 30.9.2009, passed by the learned Special Judicial Magistrate CBI, Patiala, was dismissed. Vide judgment of conviction dated 29.9.2009 and order of sentence dated 30.9.2009, petitioner was convicted under Section 224 IPC and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of ` 1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months. CRR No. 460 of 2011 (O&M) -2- Story, in brief, is that FIR No. 82 dated 18.4.2007, was registered under Sections 366/406/420/506/344/376/34 IPC at Police Station City Moga, against Ajay Kumar-petitioner and others, in view of the statement of Manpreet Kaur. In this FIR, petitioner was arrested on 19.4.2007. When the petitioner was in temporary lock up of Police Station City-I Moga, then he escaped from the lawful custody of the police on 19.4.2007. FIR No. 83 dated 19.4.2007 under Section 224 IPC was registered. After completion of investigation, challan was presented in Court. Petitioner-accused was charge-sheeted under Section 224 of the Indian Penal Code, to which he pleaded not guilty and claimed trial. In order to substantiate its case, prosecution examined 13 witnesses namely, PW-1 SI Balwant Singh, PW-2 Constable Surjit Singh, PW-3 HC Sukhmander Singh, PW-4 HC Jaswinder Singh, PW-5 Simran Kaur @ Indu, PW-6 SI Ramam Kumar, PW-7 HC Satnam Singh, PW-8 MHC Gurmail Singh, PW-9 Inspector Amarjit Singh, PW- 10 Lady Constable Jaswinder Kaur, PW-11 Purshotam Puri, PW-12 Davinder Kumar and PW-13 Inspector Yogesh Dutt Joshi. After close of the prosecution evidence, statement of accused under Section 313 Cr.P.C. was recorded. Accused denied all the allegations of the prosecution and pleaded to be innocent. Petitioner admitted that he was arrested in FIR No. 82 by ASI Balwant Singh of Police Station City-I, Moga. Higher Officers, of the Police Department, wanted to change the onus of the case from themselves to make him scapegoat. They wanted to twist the case against ASI CRR No. 460 of 2011 (O&M) -3- Balwant Singh and Constable Surjit Singh and the abovesaid police officials assisted him to flee by saying that he was not required in the case. Ultimately, petitioner was convicted and sentenced as stated aforesaid. Learned counsel for the petitioner argued that impugned judgment is not challenged on the point of conviction. Petitioner is in custody for the last about 8-9 months. Petitioner is a poor man. Requested to take lenient view. Learned counsel for CBI has produced the custody certificates of the petitioner by the Superintendents, of Central Jail, Ferozepur and Sub-Jail Moga. The same are ordered to be taken on record. Admittedly, FIR No. 82 dated 18.4.2007, was registered under Sections 366/406/420/506/344/376/34 IPC at Police Station City Moga, against Ajay Kumar-petitioner and some other officials of the Police Department, in view of the statement of Manpreet Kaur. In this FIR, petitioner was arrested on 19.4.2007 and on the same day petitioner had escaped from the lawful custody of the police then FIR No. 83 dated 19.4.2007, under Section 224 IPC was registered. Allegation of the petitioner is that he was arrested in FIR No. 82 by ASI Balwant Singh of Police Station City-I, Moga. Higher Officers, of the Police Department, wanted to change the onus of the case from themselves to make him scapegoat. They wanted to twist the case against ASI Balwant Singh and Constable Surjit Singh and the abovesaid police officials assisted him to flee by saying that he was not CRR No. 460 of 2011 (O&M) -4- required in the case. Impugned judgment is upheld on the point of conviction. Petitioner is 27 years old and is a poor man. Out of one year he has already undergone 5 months and 22 days out of the actual sentence of one year. In FIR No. 82 dated 18.4.2007, petitioner is facing trial. Keeping in view the facts and circumstances of the case, I take lenient view and direct the petitioner to undergo imprisonment already undergone (5 months and 22 days). For the reasons recorded above, revision petition without merits is dismissed with modification on the point of sentence. May 25, 2011 ( JORA SINGH ) rishu JUDGE