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DELHI HIGH COURT
ANOOP KUMAR MENDIRATTA
Rattan Singh – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. criminal revision petition process (Para 1 , 2) |
| 2. arguments for leniency and reduced fine (Para 3 , 4) |
| 3. procedure for enhancement of sentence (Para 5) |
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
1. Criminal Revision Petition has been preferred on behalf of the petitioner under Section 397/401 Cr.P.C. against judgment dated 09.08.2019 passed by learned ASJ, East District, Karkardooma Courts, Delhi, whereby the order on sentence passed by the learned Trial Court was modified in FIR No.556/2005, under Sections 420/406/120B/34 I.P.C. registered at Police Station: New Ashok Nagar (Crime Branch).
2. Petitioner was convicted by learned CMM, Karkardooma Courts vide judgment dated on 13.02.2019 and sentenced vide order dated 03.04.2019 to undergo RI for 2 years with fine of Rs.50,000/- (in default of payment of fine, to undergo SI for 6 months) for offence punishable under Sections 420/34 IPC.
In an appeal preferred by the petitioner against judgment passed by the learned Trial Court, the sentence was modified and petitioner was sentenced to the period already undergone by him with fine of Rs.2 lacs (in default of payment of fine, to undergo SI for 1 year).
3. Learne
The enhancement of a convict's fine by an appellate court without providing notice to the convict is jurisdictionally invalid.
The court considered the petitioner's age and the lengthy duration of the case in modifying the sentence, balancing the need for justice with the petitioner's circumstances.
The court has the discretion to consider the time already spent by the accused-petitioner in incarceration and trial when deciding on the reduction of the sentence for the offences.
The court can reduce a sentence to the time already served when considering the duration of custody and the circumstances of the case.
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