Back
SWARANA KANTA SHARMA
Avinash Kumar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
1. The present appeal under Section 374 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by appellants against the judgment dated 22.08.2009 and order on sentence dated 27.08.2009 passed by learned Additional Sessions Judge, Patiala House Courts, New Delhi in case FIR bearing no. 452/2005, registered at Police Station Ambedkar Nagar, New Delhi for committing offences punishable under Sections 308/34 of the Indian Penal Code, 1860 ('IPC').
2. The present appeal was admitted vide order dated 22.09.2009 and the sentence of appellants was suspended vide order dated 22.09.2009 by this Court.
3. The facts of the present case are that on 16.07.2005 at about 9.00 P.M, complainant Sunil was going to Bhola General Store for purchasing household articles. On the way accused Monu and Sanjay @ Tinda (known to complainant), had met him. They had asked the complainant to accompany them into park for some work. On refusal by the complainant, accused Sanjay had placed knife against his stomach and had threatened to kill him. Accused persons had taken the complainant to E-ll Block Park and on the way other accused persons namely Mukesh, Av
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 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 personal circumstances of the appellant and the belated stage of the trial in deciding to reduce the sentence without interfering with the conviction.
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 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 may consider the appellant's personal circumstances, including age and family responsibilities, in determining the appropriate 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
