New Delhi: A man convicted of stealing money from a temple has been sentenced to 35 days in jail by a Delhi court after he showed remorse for his act and pleaded leniency.
Additional Chief Metropolitan Magistrate Deepak Wason, while taking a lenient view towards UP native Gyan, sentenced him to the period already undergone by him in jail while considering his submissions that he was facing trial for last two years and his family would be ruined if he was jailed.
"In the facts and circumstances of the case and in view of the submissions made by the convict...he is sentenced for the offences under sections 380 and 457 of the IPC for the period he has already remained in custody," the court said. It also directed him to pay a fine of Rs 7,000 for the offences under sections 380 (theft) and 457 (house-breaking) of the IPC.
While convicting Gyan, the court relied on the testimonies of the witnesses who claimed he was caught red-handed at the temple while stealing the donation box containing Rs 1,890. "He was apprehended at the spot itself and got recovered the case property from his possession. Hence, in view of Indian Evidence Act, the presumption can be drawn that Gyan had committed theft from Sai Baba Mandir by entering it. "Hence, in view of the submissions made above and after scanning the entire record, I have no hesitation to hold that the prosecution has successfully proved the guilt of the accused," it said.
According to the prosecution, on December 20, 2012 at about 2.30 AM Gyan stole the donation box containing Rs 1,890 from Sai Baba Mandir near Dwarka here. Upon hearing some noise, residents in the neighbourhood rushed to the temple and caught him hiding behind the idol with the box, it said, and handed him over to the police. During the trial, Gyan pleaded not guilty and submitted that he is poor and has two children to look after. He had also sought leniency on the ground he was remorseful for his actions and was facing trial for nearly two years.