Cr RevisionNo6820f2011 v. St at e

has been challenged m ainly 1 t hat charge was am endedlrefram ed t he ground 9122006 aft er CrPC allowing t he applicat ion sect ion 319 The prosecut ion evidence recorded t o refram ing t he charge cannot be considered Learned counsel t he pet it ioner subm it s t hat t he pet it ioner earlier prosecut ion wlt ness Rawat Seem a 14: 05 True Copy Of The Original PHHC,Chandigarh arrayed exam ined 1 r1 t he Court lat er JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document accused wit hout declarins 1 4 54 Crl RevisionN02682 of2011 7 approver Most m at erial wit ness PW2 Am olak Singh reexam ined aft er fram ing of t he charge and t est im ony cannot int o evidence t o conVlct t he pet it ioner Learned counsel t he pet it ioner subm it s t hat t he pet it ioner 1S a offender 1S having crlm inal ant ecedent He would grant ed benefit probat ion Sect ion 360 CrPC t he benefit provlSlOn grant ed is4 m andat ory Sect ion 361 CrPC Learned counsel t he pet it ioner relies upon t he j udgm enls rendered Ram anand Pandey V St at e t hrough t he PUblic Prosecut or 2008 CCC 310 1Bom bay DBl 1 Pawan Kum ar Bansal V t at e of Haryana 2004 RCR Crim inall 325 Sunil Kum ar and ot hers v St at e MP 1997 CrlLJ 1183 Sam shuddin V St at e Haryana 2004 RCR Crim ina11362 Raln Kishan Singh v Hannit Kaur anot her AI R 1972 Suprem e Court 468 Ut pal Das 6 Anr V St at e of West Bengal 1r 0 0 I C5 I Z t Z CO 7 Z Qm 201031 RCR rim inall 144 and Surender Kum ar St at e 1k learned Haryana 2004RCR 1Crim inal counsel t he pet it ioner subm it s v 783 t hat t he m axim um punishm ent 1S t he pet it ioner has undergone m ore t han t hree m ont hs 132012 he 1S facing agony t rial Learned counsel t he pet it ioner subm it s t he pet it ioner 1S released 1997 t hat Rawat Seem a 14: 05 111 True Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document Orl 155 0 probat ion Crl RevisionNo2682 of201 1 3 sent ence reduced t o t he period already undergone challenge t he convict ion Learned counsel appearing t he St at e subm it s t hat t he pet it ioner pressure influence t o confess t regarding com m lsslon offence He adm 1t t ed 1 st at em ent recorded t he 0 0 I C5 Z Q I C Z m I W2 Z Ll Magist rat e Apart from adm ission t here ot her convincing evidence record t he t he pet it ioner proved All evidence including t he st at em ent of wit nesses t N0 t aken int o considerat ion t he t hat t he pet it ioner right ly convict ed sent enced by t he t rial Court 1 Heard t he argum ent s learned counsel t he Part ies perused t he docum ent s available record Alt hough learned counsel t he pet it ioner has argued t he on m erit s by st at ing t hat t he evidence referred t o refram ing t he charge cannot considered t he pet it ioner earlier prosecut ion wit ness exam ined t he Court subsequent ly arrayed accused wit hout declaring approvere Learned counsel Rawat Seem a 14: 05 True Copy Of The Original PHHC,Chandigarh challenge t he st at ed t hat he does convict lon sent ence t o JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 1S 4 56 CrlRevision N02682of2011 4 0 reduced t o t he period already undergone as he has already undergone m ore t han t hree m ont hs 132012 and 1S facing agony t rial 1997 Keeping ln t he lim it ed prayer t he pet it ioner t hat t o challenge t he convict ion t he t hat t he pet it ioner 1S offender 1S facing t rll 1997 1 he has undergone about m ont hs act ual t he sent ence convict ion against t ot al sent ence t he pet it ioner 1S upheld t he sent ence 1S reduced t o t he period already undergone by him Order t 4 acordingly Wit h t he aforesaid observat ion present revlSlon pet it ion 1S disposed t he accordingly March KD 1 2012 DAYA CHAUDHARYI JUDGE m r 0 0 I 9 I Z C l0 Z m 7 Z t l 2 r t 1t 5 l1 1 Rawat Seem a 14: 05 True Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document