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SWARANA KANTA SHARMA
Dhanpal – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
1. The instant appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (.Cr.P.C..) has been filed by appellant for setting aside the impugned judgment dated 25.07.2009 passed by learned Additional Sessions Judge- 01/ South, Patiala House Court, Delhi (.Trial Court.) in SC No. 139/08 in case FIR bearing no. 124/2004 registered at Police Station Mehrauli, Delhi for the offences punishable under Sections 452/308/201 of the Indian Penal Code, 1860 (.IPC.), whereby the learned Trial Court has held the appellant guilty for the offences punishable under Sections 308/447 of IPC. The appeal further assails the order on sentence dated 28.07.2009 whereby the appellant was sentenced to undergo simple imprisonment for one year for offence punishable under Section 308 of IPC and to pay fine of Rs. 1,000/-, and in default of payment of fine to undergo a simple imprisonment for two months, and further to undergo simple imprisonment for two months for offence under Section 447 of IPC.
2. The present appeal was admitted on 26.08.2009 and the sentence of appellant was suspended on the same date.
3. Briefly, the case of the prosecution is that on
The central legal point established in the judgment is the consideration of the age of the appellant, the belated stage of the incident, and the trauma of facing trial for 19 years in determining the....
The court considered the circumstances and conduct of the appellant in deciding to reduce the sentence and enhance the compensation.
The Court has the discretion to consider the prolonged trial period, the appellant's conduct, and his positive contribution to society after the conviction as grounds for reducing the sentence.
The court has the discretion to consider the overall facts and circumstances of the case, including the appellant's conduct and the belated stage of the trial, in deciding on the reduction of sentenc....
The Court may consider the appellant's conduct, contributions to society, and family responsibilities in reducing the sentence.
The court may reduce the sentence due to delay in the case and the appellants' current circumstances.
The court may consider the appellant's personal circumstances, including age and family responsibilities, in determining the appropriate sentence.
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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