Punjab-Haryana High Court
Parminder Singh Son Of Surjit Singh vs Harbans Kaur Alias Gogi Wife Of Shri ... on 21 August, 2009
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Revision No. 1747 of 2009
Date of Decision : August 21, 2009
Parminder Singh son of Surjit Singh
.... Petitioner
Vs.
Harbans Kaur alias Gogi wife of Shri Parkash Ram and another
.... Respondents
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
* * *
Present : Dr. Naresh Kaushik, Advocate
for the petitioner.
* * *
AUGUSTINE GEORGE MASIH, J. (ORAL)
The present revision petition has been preferred by the complainant against order dated 09.12.2008 (Annexure P-1) passed by the Additional Sessions Judge, Hoshiarpur, vide which although the conviction of the accused-respondent No. 1 has been upheld but while exercising its powers, has reduced the sentence of imprisonment from two years to the period already undergone, which is stated to be more than 8 ½ months.
Counsel for the petitioner contends that serious crime was committed by the accused-respondent No. 1, wherein a newly born child was picked up by her and sold. He contends that it was stated by the accused that a dead child was born and on the pretext of taking dead child, the child of the complainant was taken away by the accused. He Crl. Revision No. 1747 of 2009 -2- submits that in such like cases, no leniency could be shown to the accused. He contends that the sentence awarded by the trial court was fully justified and, therefore, did not call for any interference by the Appellate Court on an appeal preferred by the respondent.
I have heard the counsel for the petitioner and have gone through the records of the case.
Although the guilt of the accused is proved and has been so reiterated by the appellate Court also vide its impugned judgment, the exercise of power by the Lower Appellate Court, keeping in view the fact that the accused is a lady and she has already undergone more than 8 ½ months of rigorous imprisonment is quite justified, which cannot be said to be arbitrary or not in accordance with law, which would persuade this Court to exercise its revisional jurisdiction, which is very limited.
That being so, finding no merit in the present petition, the same stands dismissed.
August 21, 2009 (AUGUSTINE GEORGE MASIH ) pj JUDGE