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FARJAND ALI
Uttam Kumar @ Uttamchand, S/o. Shri Deva Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The appellant has preferred the instant appeal under Section 374 (2) of the CrPC being aggrieved of the judgment dated 16.03.2012 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Cases, Sirohi in Special Sessions Case No.15/2011, whereby he has been convicted and sentenced in the following manner :-
| Offence for which convicted | Sentence, fine and default sentence |
| Section 323 of the IPC | 3 months’ simple imprisonment alongwith a fine of Rs.500/- and in default of payment of fine, further to undergo, simple imprisonment of 15 days |
| Section 3(1)(x) of the SC/ST Act | 6 months’ simple imprisonment alongwith a fine of Rs.500/- and in default of payment of fine, further to undergo, simple imprisonment of 15 days |
2. Briefly stated, facts relevant and essential for disposal of the case are that on 11.05.2011, complainant Hakmaram S/o Punma Ji Meghwal, resident of Manora, submitted a written report at the Police Station Barlut to the effect that on t
The court affirmed the conviction but modified the sentence to time already served, emphasizing reformative justice based on the elapsed time and personal circumstances of the appellants.
The necessity of independent and impartial witnesses in cases under the SC/ST (Prevention of Atrocities) Act to substantiate claims of public humiliation and intimidation.
The court can reduce a sentence to the time already served when considering prolonged custody and mental trauma of the accused while maintaining the conviction.
The court may reduce a sentence to the period already undergone when considering the time served and mental trauma, while upholding the conviction under relevant laws.
The prosecution failed to prove the charges under the SC/ST Act, justifying the acquittal, while the trial court's decision to grant probation for IPC convictions was upheld.
The absence of evidence for abusive language led to acquittal under the SC/ST Act, while the sentence under IPC was reduced to time already served due to prolonged trial.
Inconsistencies in witness statements and doubt regarding the incident can lead to the acquittal of the accused, especially under stringent provisions such as the SC/ST Act.
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