The Delhi High Court reduced the jail term of five men — who were convicted for various offences like rioting, trespass etc over an incident in 1995 and had to undergo protracted trial for 21 years — to the period already undergone.
Conviction appealed
“It is apparent from the record that the incident of the instant case is dated July 7, 1995. The charge was framed against the appellants on 10.02.1997. The judgment of conviction was passed on 17.11.2000 and the order on sentence was passed on 20.11.2000. The present appeals were filed in the year 2000. It is further apparent from the record that the appellants have already faced the agony of trial for more than 21 years and it would be in the interest of justice to take a lenient view while awarding sentence to them,” said Justice P.S Teji.
“In view of the above discussion and the facts and circumstances of the present case, the sentence of imprisonment awarded to the appellants is reduced to the period already undergone by them. However, the amount of fine is enhanced from ₹1,000 to ₹10,000 for each of the offence for which they have been convicted. In default of payment of fine, the appellants shall further undergo simple imprisonment for three months,” he ordered.
Neighbour beaten up
The case dates back to July, 1995 when the five men – Raju Singh, Shyam Singh, Raj Bahadur, Bishambar Singh and Gajender Singh – forcibly entered the house of their neighbour Baby in Pul Prahladpur and beat her and her husband following a scuffle over cleaning of a drain.
The police reached the spot and a case was registered on Baby's complaint.
Sentence suspended
While Raju Singh, Shyam Singh and Vijay Pal were convicted for offences under Sections 308/34 (Attempt to commit culpable homicide/ common intention) and 452 IPC (house trespass), Ashvini Kumar, Raj Bahadur, Bishamber Singh, Gajender and Durg Pal were held guilty for the offence under Sections 148 (rioting) , 452 and 323 (voluntarily causing hurt) read with Section 149 IPC (offence committed as members of an unlawful assembly).
They were all sentenced to four years imprisonment and fine of ₹1,000 on different counts.
They appealed against the conviction in the year 2000. During pendency of the appeals, the sentence imposed upon them was suspended. Before the high court, they prayed that a lenient view be taken as they have faced the protracted trial for over 21 years.
