Criminal Revision No.936 of 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.936 of 2004 Date of Decision: August 31, 2010 Rakesh Kumar .......Petitioner Versus State of Haryana .......Respondent CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Bhag Singh, Advocate for the petitioner. Mr.Kshitij Sharma, Assistant Advocate General, Haryana. <><><> JITENDRA CHAUHAN, J. 1. The petitioner along with his co-accused, was tried by Judicial Magistrate Ist Class, Ambala (hereinafter referred as “trial Court”), under Sections 379/411 of the Indian Penal Code for the theft of aluminum coil valuing Rs.8,000/-; HT/LT brass Road valuing Rs.350/- and TF oil valuing Rs.5,000/- from KVA TF SOP of Bharat Ram, village Karasan. The theft was reported by the complainant staff to SDO (operation) UHBVN, Shahzadpur, who sent a letter dated 5.6.2001 on the basis of which FIR No.70 dated 11.6.2001 was registered at Police Station Shahzadpur. 2. On conclusion of trial, the learned trial Court convicted the petitioner under Section 411 of the Indian Penal Court and sentenced him to undergo rigorous imprisonment for a period of one year. Criminal Revision No.936 of 2004 -2- 3. On appeal, the learned Appellate Court dismissed the same, but sentence of the petitioner was reduced from one year to a period of 4-1/2 months. Hence, the revision petition. 4. Learned counsel for the petitioner does not dispute the finding of the learned Courts below and confines his submission to the question of quantum of sentence mainly on the ground that the present petitioner has already suffered a protracted trial for more than nine years. The petitioner is stated to have already undergone sentence for about one month. 5. Learned counsel for the State submitted that since offence is proved, so no leniency should be shown. 6. Keeping in view the fact that the petitioner has suffered the agony of protracted trial for more than nine years and has left himself at the mercy of the Court, his conviction under Section 411 of the Indian Penal Code stands maintained, but the sentence of imprisonment awarded to him is reduced to the period already undergone. However, the sentence of fine is enhanced to Rs.3,000/- which shall to be deposited by the petitioner with the Chief Judicial Magistrate, Ambala, within four months from the date of receipt of a certified copy of this order. In case of non-payment of amount of enhanced fine, the present revision petition shall be deemed to have been dismissed. 7. With the above modification/direction, the present criminal revision stands disposed of. ( JITENDRA CHAUHAN ) August 31, 2010 JUDGE SRM Note: Whether to be referred to reporter ? Yes/No