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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIMAL KUMAR YADAV
Harish Mahajan S/o Lekh Raj – Appellant
Versus
State (Govt of NCT) – Respondent
| Table of Content |
|---|
| 1. conviction for kidnapping and raping minor prosecutrix. (Para 1 , 2) |
| 2. proviso to section 376(2)(g) allows reduced sentence. (Para 3 , 4) |
| 3. substantial custody undergone justifies bail suspension. (Para 5 , 6) |
| 4. complainant non-objection supports sentence reduction plea. (Para 7 , 8) |
| 5. long custody in old cases warrants leniency. (Para 9) |
| 6. balance offence gravity with special post-conviction reasons. (Para 10) |
| 7. further incarceration unnecessary; conviction upheld. (Para 11 , 12) |
| 8. sentence reduced to undergone period; fine enhanced. (Para 13 , 14 , 15) |
JUDGMENT (ORAL)
VIMAL KUMAR YADAV, J.
1. The present appeal is directed against the Judgment of conviction dated 02.06.2008 and the Order on Sentence dated 03.07.2008 passed by the learned Trial Court, whereby the Appellant was convicted for offences punishable under Sections 363/366/376 of Indian Penal Code 1860 (IPC). For offence under Section 363 , he was sentenced to undergo Rigorous Imprisonment (RI) for a period of 4 years and to pay a fine of Rs. 1000/-, in default of payment he was to undergo RI for a period of 6 months and for the offence punishable under Section 366 , he was sentenced to undergo RI for a p
Adequate and special reasons under proviso to Section 376(2)(g) IPC permit sentence reduction to period already undergone where substantial custody served, complainant non-objection, and personal har....
The court modified the life imprisonment sentence to 18 years for rape, emphasizing the need to consider mitigating circumstances alongside the severity of the crime.
The court emphasized the importance of imposing appropriate, just, and proportionate sentences commensurate with the nature and gravity of the crime, considering the principles of proportionality, de....
Conviction under Sections 366 and 447 upheld; conviction under Section 366A set aside due to lack of evidence supporting essential elements.
The court can reduce sentences below the minimum prescribed in special circumstances, focusing on restorative justice and the specifics of each case.
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