Case Title: Aithappa Naika And State of Karnataka

The Karnataka High Court reduced the sentence imposed on an 81-year-old convict from of two years three days simple imprisonment after the convict volunteered to serve at an Anganwadi Centre for a period of one year.

The petitioner challenged the Judgment of conviction passed by the trial court by which he was convicted for the offence punishable under Section 326 of the Indian Penal Code, 1860 and order of sentence directing him to undergo simple imprisonment for three days and to pay fine of Rs.10,000/-. The petitioner also challenged the Judgment passed by the appellate court by which, the sentence ordered by the Trial Court was enhanced to two years rigorous imprisonment and fine of Rs.5,000/-.

Petitioner stated that he is an 81 years old senior citizen and has no children but he has an aged wife who is dependent on him and therefore prayed that the sentence imposed by the Appellate Court and the Trial Court be modified. The petitioner has already served sentence for three days and has deposited the fine amount as ordered by the Trial Court. He also submitted that this Court may consider extracting work from him for any community service.

However, the prosecution opposed the plea saying the petitioner is convicted for the offence punishable under Section 326 of the IPC which is punishable with imprisonment for life and therefore, the sentence awarded by the Appellate Court is just and proper.

“Having regard to the fact that the petitioner has admitted his guilt and also having regard to the fact that the petitioner has undergone sentence of simple imprisonment for three days as ordered by the Trial Court and also having regard to the fact that the petitioner is aged 81 years and has to look after his wife and has agreed to serve the community, this Court considers it appropriate to allow this Revision Petition and suitably modify the order of sentence passed by the Trial Court.”, observed the court.

Modifying the judgement of conviction passed by the trial court, the court directed the petitioner to serve honorarily and voluntarily at Anganawadi Centre, Mithanadka, Karopady village, Bantwal Taluk, Dakshina Kannada, for a period of one year. The Anganwadi Centre shall communicate the completion of community service by the petitioner / accused to the concerned Police Station.

Story Update By: Ms. Sai Sushmitha, Correspondent at Lawgic

Edited By: Ms. Nandini Nair, Content-Head at Lawgic