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SWARANA KANTA SHARMA
Har Prasad @ Harish – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)--The present appeal under Section 374 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by appellant against the judgment dated 04.05.2009 and order on sentence dated 06.05.2009 passed by learned Additional Sessions Judge, Karkardooma Courts, Delhi in case FIR bearing no. 294/2005, registered at Police Station Krishna Nagar, New Delhi for offences punishable under Sections 392/452/411/397/34 of the Indian Penal Code, 1860.
2. Mr. Archit Upadhyay, Advocate (DHCLSC) is present in Court today, and is accordingly appointed as amicus curie for the appellant.
3. The present appeal was admitted vide order dated 05.06.2009 and the sentence of appellant was suspended vide order dated 09.07.2009 by this Court.
4. Briefly stated, the case of prosecution, before the learned Trial Court, was that on 22.07.2005 at about 1.30 PM, complainant was alone at her house. Upon her opening the door, two young boys entered the house forcefully and one of them took out a knife from the pocket of his pant and had threatened to not raise her voice. Accused persons made her sit on a chair and tied her hands with Chunni, and took away two gold bangles
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.
The Court has the discretion to consider the age of the incident, the personal circumstances of the appellant, and the belated stage of the trial in deciding to reduce the sentence.
The court has the discretion to consider the circumstances of the case, including the duration of the trial and the appellant's current responsibilities, in deciding on the reduction of sentence.
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 personal circumstances, including age and family responsibilities, in determining the appropriate sentence.
The Court has the discretion to consider the appellant's family circumstances and the period of trial in deciding the suspension of sentence and imposing a further fine instead of further imprisonmen....
The Court may consider the appellant's conduct, contributions to society, and family responsibilities in reducing the 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....
The Court has the discretion to consider the personal circumstances of the appellant and the belated stage of the trial in deciding to reduce the sentence without interfering with the conviction.
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