SWARANA KANTA SHARMA
Suresh Babu – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
1. The instant appeal under Section 374(2) read with Section 386 and 389 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') has been filed by appellant for setting aside the judgment dated 26.11.2010 passed by learned Additional Sessions Judge (Special Judge), NDPS, Rohini Courts, Delhi (hereinafter 'Trial Court') in Sessions Case No. 194/07, in case FIR bearing no. 215/2006 registered at Police Station Nangloi, Delhi, whereby the appellant was held guilty for committing the offences punishable under Sections 186/353/333/34 of the Indian Penal Code, 1860 (hereinafter 'IPC'). The appeal further assails the order on sentence dated 30.11.2010 vide which the appellant was sentenced to imprisonment as under:
i. Rigorous imprisonment for five years for offence punishable under Section 333/34 of IPC and fine of Rs. 10,000/- each, and in default of payment of fine, to undergo further rigorous imprisonment for six months;
ii. Rigorous imprisonment for one year for offence punishable 353/34 of IPC and fine of Rs.1,000/- each, and in default of payment of fine, to undergo further rigorous imprisonment for one month; and
iii. Rigorous imprison
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 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.
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 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 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 considered the circumstances and conduct of the appellant in deciding to reduce the sentence and enhance the compensation.
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 circumstances of the case, including the duration of the trial and the appellant's current responsibilities, in deciding on the reduction of sentence.
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