1. Conviction and sentencing under Sections 193 and 196 IPC — Affirmation of conviction by the High Court. (Para 2 )
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2019 Supreme(SC) 1613
SUPREME COURT OF INDIA
Uday Umesh Lalit, M.R. Shah, JJ.
Jagbir Singh - Appellant
Versus
State Of U.t. Chandigarh & Anr. - Respondents
Criminal Appeal No. 105 of 2019; Special Leave Petition (Criminal) No. 5812 of 2016
Decided On : 21-01-2019
Important Points
Benefit of reduction of sentence based on time already undergone in custody.
Subject
Criminal Law - Conviction and Sentencing
Act Referred
Headnote
Conviction - Sections 193 and 196 IPC - Reduction of Sentence
Fact of the Case:
The appellant was convicted under Sections 193 and 196 IPC and sentenced to suffer rigorous imprisonment for a period of one year. The conviction and sentence was affirmed by the High Court.
Finding of the Court:
The court found that the appellant's conviction for the offences punishable under Sections 193 and 196 IPC was rightly recorded by the courts below. However, the court gave benefit to the appellant in terms of reduction of sentence and reduced the sentence to the one already undergone.
Issues: The main issue was the appellant's conviction under Sections 193 and 196 IPC and the subsequent sentence.
Ratio Decidendi: The court's decision was influenced by the fact that the appellant had already undergone more than four months of actual custody, leading to the reduction of the sentence to the one already undergone.
Final Decision: The criminal appeal was disposed of with the modification of reducing the sentence to the one already undergone.
Legal Category Hierarchy
Advocates Appeared:
Surender Singh Hooda, Adv., Aditya Hooda, Adv.
Surender Singh Hooda, Adv., Aditya Hooda, Adv.
Table of Contents
2. Challenge to the conviction and sentence under Sections 193 and 196 IPC. (Para 2 )
3. Conviction for offences punishable under Sections 193 and 196 IPC was rightly recorded by the courts below. (Para 4 )
4. Affirmation of conviction under Sections 193 and 196 IPC with reduction of sentence to the period already undergone. (Para 4 )
5. Sentence reduced to the period already undergone — Other orders remain intact — Appeal disposed of. (Para 4 , 5 )
6. Can a court reduce a sentence to the period already undergone while upholding a conviction?
Yes, the court may grant the benefit of reducing the sentence to the period already undergone even if the conviction is found to be rightly recorded. (Para 4 )
7. Under what circumstances will a court affirm a conviction under Sections 193 and 196 IPC?
A court will affirm the conviction if it finds that the conviction for offences punishable under Sections 193 and 196 IPC was rightly recorded by the courts below. (Para 4 )
ORDER
1. Leave granted.
2. The appellant was convicted under Sections 193 and 196 IPC and sentenced to suffer rigorous imprisonment for a period of one year. The conviction and sentence was affirmed by the High Court vide its judgment dated 07.04.2016 in CRR No.1366 of 2016 (O&M), which is presently under challenge.
3. While issuing notice, this Court considered the fact that the appellant had undergone more than four months of actual custody and, therefore, released him on interim bail.
4. We have gone through the record and find that the conviction of the appellant for the offences punishable under Sections 193 and 196 IPC was rightly recorded by the courts below. We, however, give benefit to the appellant in terms of reduction of sentence and reduce the sentence to the one already undergone. Except for the aforesaid modification, the rest of the orders passed by the courts below remain intact.
5. The criminal appeal stands disposed of in aforesaid terms.
