PARVEEN Vs. STATE OF HARYANA

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 49 of 2016, Judgment Date: Jan 19, 2016

                                                              Non-Reportable

                        IN THE SUPREME COURT OF INDIA

                       CRIMINAL APPELLATE JURISDICTION

                         CRIMINAL APPEAL NO. 49/2016
                (Arising out of SLP(Crl.) No. 10404 of 2014)


Parveen                                                          …Appellant

                                   Versus

The State of  Haryana                                          …. Respondent


                                  O R D E R


Uday Umesh Lalit J.


  Leave granted.

 This appeal challenges the judgment and order dated  21.12.2013  passed  by
the High Court of Punjab & Haryana in Crl.  Appeal  No.  S-1793-SB  of  2011
confirming the conviction and sentence of  the  appellant  and  one  Jaswant
under Sections 398 and 401 of the Indian Penal Code and Section  25  of  the
Arms Act. On 18.12.2014 this Court was pleased to issue  notice  limited  to
the question of sentence.


According to the prosecution, the police had received  specific  information
that the appellant and one Jaswant were planning to  loot  passing  vehicles
near Agma  Gas  Agency  Store  situated   in  Sector  21D,  Faridabad.  This
information was received on 09.02.2009 after 9:30  p.m.  PW2  Ishwar  Singh,
ASI was already present in Sector 21D, Faridabad on patrol duty. On  receipt
of the information, he along with raiding party proceeded towards the  spot.
According to PW2 Ishwar Singh and PW4 Head Constable Yaseen Khan,  they  saw
a white coloured  Indigo car parked at a deserted  spot.  They  further  saw
that the appellant and said Jaswant tried to stop a passing Maruti  car  but
the driver evaded them and sped away. The police overpowered  the  appellant
and said Jaswant and on their personal search recovered  a  knife  from  the
appellant and an iron rod from Jaswant. On search of  the  car,  the  police
found two number plates,  one  having  car  registration  number  of  Madhya
Pradesh. The photographer was called and photographs of the vehicle and  the
site in question were taken.

During investigation it was discovered that said car was actually  owned  by
LIC and was a stolen vehicle. Neither the appellant nor said  Jaswant  could
come up with any explanation how that car was  found  in  their  possession.
Further, both these persons were statedly residents of  Distt.  Gonda,  U.P.
and not residents of Faridabad.


The Trial Court after considering the material  on  record  found  that  the
case as against the appellant and Jaswant was fully made out.  It  convicted
both the accused  under  Section  398  IPC  and  sentenced  them  to  suffer
rigorous imprisonment for seven years. They  were  further  convicted  under
Sections 471 IPC and 411 IPC and sentenced to suffer  rigorous  imprisonment
for seven years and one  year  respectively  with  imposition  of  fine  and
sentences in default. The appellant was also convicted under Section  25  of
the Arms Act and sentenced to suffer rigorous imprisonment for one year.

In appeal arising from the judgment of conviction of  Trial  Court,  it  was
submitted that both the accused  had  already  undergone  custody  for  over
three and a half years and that their sentence be reduced  to  that  already
undergone.  The High Court considered the matter in its entirety  and  found
both the accused were armed with deadly weapons and that the  record  showed
that they had other pending cases registered against them.  The  High  Court
thus did not differ from the view taken by the  Trial  Court  and  dismissed
the appeal.


We have gone through the record and heard rival  submissions.  As  mentioned
herein  above,  notice  was  limited  to  the  question  of  sentence.   The
conviction in the instant case is under Sections 398 and  401  of  the  IPC.
Though sentence under Section 401 can be less than seven years,  that  under
Section 398 “shall not be less than seven years”.  The  appellant  and  said
Jaswant were sentenced to seven years rigorous  imprisonment  under  Section
398 IPC, which is the minimum sentence.

 In the circumstances  no  relief  can  be  granted  to  the  appellant.  We
therefore dismiss this Criminal Appeal.
                                                                .……………………….J
                                                           (V. Gopala Gowda)


                                                                ..………………………J
                                                          (Uday Umesh Lalit)

      New Delhi
January 19, 2016
ITEM NO.1B-For Order           COURT NO.10            SECTION IIB

               S U P R E M E  C O U R T  O F  I N D I A
                       RECORD OF PROCEEDINGS

Crl.A.No.49/2016 @ Petition(s) for Special Leave to Appeal (Crl.)  No(s).
10404/2014

PARVEEN                                            Petitioner(s)

                                VERSUS

STATE OF HARYANA                                   Respondent(s)

Date : 19/01/2016 This appeal was  called  on  for  pronouncement  of  ORDER
today.


For Petitioner(s)
                     Mr. Deepak Goel,Adv.
                        Mr. Vipin Kumar, Adv.
                        Mr. Manoranjan Jha, Adv.

For Respondent(s)
                     Mr. Sanjay Kumar Visen,Adv.


      Hon'ble Mr. Justice Uday Umesh  Lalit  pronounced  the  order  of  the
Bench comprising Hon'ble Mr. Justice V. Gopala Gowda and His Lordship.
      Leave granted.
      The appeal is dismissed in terms of the signed non-reportable order.
      Pending application(s), if any,stand(s) disposed of.
|(VINOD KUMAR)                          | |(MALA KUMARI SHARMA)                  |
|COURT MASTER                           | |COURT MASTER                          |

 (Signed Non-Reportable order is placed on the file)