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SWARANA KANTA SHARMA
Gulsher Singh – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
1. The present Appeal under Section 374(2) of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by the appellant assailing the impugned judgment dated 27.08.2008 passed by learned Additional Sessions Judge, Rohini Courts, Delhi in SC No. 403/2006 whereby the appellant was convicted for offence punishable under Section 376 of Indian Penal Code, 1860 ("I.P.C."). The appeal further assails the order on sentence dated 01.09.2008 whereby the appellant was sentenced to undergo rigorous imprisonment for seven years with fine of Rs. 5,000/- (Rupees Five Thousand) and in default of payment of fine, further simple imprisonment for six months.
2. The present appeal was admitted on 17.02.2009 and sentence of the appellant was suspended by virtue of order dated 14.07.2009.
3. In brief, the case of the prosecution is that on 05.09.2005, on receipt of DD no. 3A W/SI Parvati was sent to BJRM Hospital where prosecutrix/victim along with her mother Mamta met the IO and the statement of prosecutrix was recorded to the effect that she along with her parents resided in Ram Pal Ka Gher, Village Bakauli as tenants. One Gulsher Singh i.e., appellant
The court modified the life imprisonment sentence to 18 years for rape, emphasizing the need to consider mitigating circumstances alongside the severity of the crime.
Sentence reduced - There is no allegation by the prosecution that the appellant has criminal antecedents.
The court applied sentencing principles of deterrence and correction, considering medical evidence and discrepancies in the prosecution's story to reduce the appellant's sentence.
The court has the discretion to reduce the sentence based on the overall facts and circumstances of the case, especially considering the belated stage of the trial and the conduct of the appellant du....
‘reformative theory of punishment’ is to be adopted and for that reason, it is necessary to impose punishment keeping in view the ‘doctrine of proportionality’.
IN CASES OF DELAY IN LODGING FIR AND ABSENCE OF INJURY ON THE PROSECUTRIX, THE COURT MAY MODIFY THE SENTENCE TO THE PERIOD ALREADY UNDERGONE BY THE ACCUSED.
Point of Law; res gestate is an exception to the general rule of hearsay evidence although not in issue directly, yet is so connected with the fact in issue as to form the part of the same transactio....
Point of Law: “Friedman in his Law in Changing Society stated that: “State of criminal law continues to be - as it should be - a decisive reflection of social consciousness of society.” Therefore, i....
The Court has the discretion to consider the circumstances and conduct of the appellant in reducing the sentence, especially in cases where a significant amount of time has passed since the incident.
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