Supreme Court - Daily Orders
Vijay Kumar vs State Of Himachal Pradesh on 20 April, 2017
Bench: S.A. Bobde, L. Nageswara Rao
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1359 OF 2008
VIJAY KUMAR APPELLANT(S)
VERSUS
STATE OF HIMACHAL PRADESH RESPONDENT(S)
O R D E R
1. This appeal is directed against the judgment and order passed by the High Court of Himachal Pradesh at Shimla in CRL.A. No. 199 of 2001, dated 14.11.2007 whereby the High court had set aside the judgment of the Trial Court acquitting the appellant of all the charges.
2. The appellant was convicted by the Chief Judicial Magistate, Hamirpur, H.P.( for short, “the Trial Court”) for the offences Signature Not Verified Digitally signed by CHARANJEET KAUR Date: 2017.04.25 punishable under Sections 406, 467,468,471 17:12:28 IST Reason: and 120-B read with Section 34 of the Indian 2 Penal Code. As the prosecution case failed, the Trial Court acquitted the appellant along with others of all the charges giving him benefit of doubt.
3. Aggrieved by the afore-said judgment and order, the State preferred an appeal before the High Court. The High Court after considering the facts and evidence on record, dismissed the appeal qua other accused; set aside the judgment of the Trial Court qua the appellant and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 10,000/-, in default of payment of fine to undergo simple imprisonment for a further period of six months. Hence the appellant is before us in this appeal.
We have heard learned counsel for the parties.
Having gone through the records of the 3 case, we are of considered opinion that the High Court has not committed any error in reversing the order of the Trial Court. However, in the circumstances of the case while maintaining the conviction, we reduce the period of sentence to a period of one year.
Since the appellant is on bail, he shall be taken into custody to serve out the remaining period of sentence, if not already served.
The appeal is disposed of accordingly.
..................J. [ S.A. BOBDE ] ...................J. [ L. NAGESHWARA RAO ] NEW DELHI, APRIL 20, 2017.
ITEM NO.102 COURT NO.9 SECTION IIC
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1359/2008
VIJAY KUMAR Appellant(s)
VERSUS
STATE OF HIMACHAL PRADESH Respondent(s)
(With appln.(s) for bail)
Date : 20/04/2017 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Appellant(s) Mr. K.T.S. Tulsi, Sr. Adv.
Mr. Gaurav Bhargava, Adv. Mr. Raj Kamal,Adv.
For Respondent(s) Mr. D.K. Thakur, AAG Mr. Varinder Kumar Sharma,Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.
[ Charanjeet Kaur ] [ Indu Pokhriyal ] A.R.-cum-P.S. Court Master [ Signed order is placed on the file ]