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PUSHPENDRA SINGH BHATI
Durga Ram – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This criminal appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs:
"It is therefore most humbly and respectfully prayed that the appeal may be allowed and the judgment and order dated 19.08.1994 passed by the learned Sessions Judge, Jaisalmer in Sessions Case No. 5/94 may kindly be set aside and the appellant may be acquitted for the charges under Sec. 376/511 I.P.C."
3. The matter pertains to an incident which occurred in the year 1993 and the present appeal has been pending since the year 1994.
4. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 19.08.1994, passed by the learned Sessions Judge, Jaisalmer in Sessions Case 5/94 whereby the appellant was convicted for the offences under Sections 376 read with Section 511 IPC and sentenced to undergo 05 years R.I. and a fine of Rs. 1,000/- in default of payment of which he was ordered t
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 court must consider the gravity of the crime, motive for the crime, nature of the offence, and all other attendant circumstances in determining the appropriate sentence.
The court's decision was influenced by the sentencing principles, considering the crucial witness turning hostile and the non-recovery of the weapon of the crime, leading to the reduction of the appe....
The court applied the principles of sentencing policy and the need for timely treatment of injuries in determining the appropriate sentence for the appellant.
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 considered the principles of deterrence and correction in sentencing, and the long pendency of the case and the financial and mental hardship suffered by the appellant in reaching its decis....
The court has the discretion to consider the time already spent in custody and may reduce the sentence accordingly.
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