Ravi Raj v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 22.09.2016 Ravi Raj ......Petitioner versus State of Haryana

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Manish Soni, Advocate for the petitioner.

Mr. Himmat Singh, DAG, Haryana *** RITU BAHRI , J.

(Oral) Challenge is to the judgment dated 22.01.2015 passed by the learned Sessions Judge, Jhajjar, whereby he uphold the judgment of conviction dated 29.08.2012 passed by learned Judicial Magistrate Ist Class, Jhajjar holding the petitioner guilty of offences punishable under Section 498-A/406 IPC but reduced the sentence from three years to one year and six months.

On 18.01.2006, the complainant Sunita @ Mamta moved a complaint to Supdt of Police alleging that she got married to Ravi Raj on 18.11.2000 and her father had spent a lot of money on her marriage and

-2given a lot of dowry but thereafter, the accused started harassing her on account of bringing less dowry and started demanding money. They also started taunting her.

The trial Court after going through the entire evidence convicted the petitioner and sentenced him to undergo rigorous imprisonment substantially for a period of three years under Sections 406/498-A IPC. The findings of the trial Court have been affirmed by the lower Appellate Court but reduced the sentence from three years to one year and six months.

At this stage, learned counsel for the petitioner does not challenge the conviction on merits and restrict his prayer to the quantum of sentence.

Learned counsel for the petitioner, however, further contends that the occurrence in this case pertains to the year 2006 and a period of 10 years have already gone by. Petitioner has already suffered the agony of protracted trial, spinning over a period of time. As per custody certificate, petitioner has undergone 07 months and 16 days out of substantial sentence of 01 year and 06 months awarded to him.

Keeping in view the above facts, the conviction of the petitioner under Sections 406/498-A IPC is upheld but the sentence of the imprisonment awarded to him is reduced to the period already undergone by him, subject to the condition that he shall deposit Rs.25,000/- before the

-3trial Court as compensation to be given to the complainant. With the above modification/direction, the criminal revision is disposed of.

(RITU BAHRI) JUDGE 22.09.2016 G Arora Whether speaking/reasoned Yes Whether reportable No