PUSHPENDRA SINGH BHATI
Jora Ram – Appellant
Versus
State – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This criminal appeal under Section 374 (2) Cr.P.C. has been preferred claiming the following reliefs:
"It is, therefore, respectfully prayed that the appeal may kindly be allowed and the impugned judgment dated 28.8.93 passed by the learned Addl. Sessions Judge, Barmer may kindly be quashed and set aside and the accused-appellant may kindly be acquitted of the offences under Section 376 and 323 IPC."
2. The matter pertains to an incident which occurred in the year 1991 and the present appeal has been pending since the year 1993.
3. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 28.08.1993, passed by the learned Additional Sessions Judge, Barmer in Sessions Case No. 96/1991, whereby the appellant was convicted for the offences under Sections 323 & 376 IPC; under Section 323 IPC, the appellant was sentenced to undergo six months' R.I. and a fine of Rs. 500/-, in default of payment of which he was ordered to further undergo two months' S.I.; under Section 376 IPC, the appellant was sentenced to undergo seven years' R.I. and a fine of Rs. 1000/-, in default of payment of which
Alister Anthony Pareira vs. State of Maharashtra (2012) 2 SCC 648
The court applied sentencing principles of deterrence and correction, considering medical evidence and discrepancies in the prosecution's story to reduce the appellant's sentence.
The court applied the principles of deterrence and correction in sentencing the appellant under Section 376 IPC, considering the period already undergone by the appellant.
The court considered the lack of medical evidence and shaky eyewitness testimony in allowing the appellant's prayer to substitute the sentence awarded with the period already undergone.
The key legal point established in the judgment is the court's consideration of the proviso of Section 376 IPC for reducing the sentence based on adequate and special reasons.
The main legal point established in the judgment is the court's discretion to substitute the sentence with the period already undergone by the appellant, considering the serious lacunae in the prosec....
The lack of medical evidence and the minor status of the accused can lead to the benefit of doubt in cases of rape allegations.
The main legal point established is the court's discretion to impose a sentence of imprisonment for a term of less than seven years for adequate and special reasons, as mentioned in the proviso of Se....
The court considered the gravity of the crime, motive for the crime, nature of the offence, and all other attendant circumstances in determining the appropriate sentence for the appellants.
The prosecution must prove the case beyond all shadow of reasonable doubts, and the victim's statement should be corroborated. Non-examination of crucial witnesses can prejudice the prosecution case.
The court's decision emphasized the consideration of witness statements, the nature of the offense, and the age of the appellants in determining the appropriateness of the sentence.
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