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PUSHPENDRA SINGH BHATI
Daularam – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This criminal appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs:
"It is, therefore, most respectfully prayed that this appeal may kindly be allowed and the impugned judgment dated 16.3.2018 passed by learned Additional Sessions Judge, Didwana, District Nagaur in Session Case No. 02/2011 (38/2014) (State Vs. Daularam & Ors.) may kindly be quashed and set aside and the appellants may kindly be acquitted in this case.
Any other order favourable to the appellants may also be passed."
2. The matter pertains to an incident which occurred in the year 2010 and the present appeal has been pending since the year 2018.
3. Learned counsel for the appellants submits that this Criminal Appeal has been preferred against the impugned judgment dated 16.3.2018, passed by the learned Addl. Sessions Judge, Didwana, District Nagaur in Sessions Case No. 02/2011 (38/2014) whereby the appellants were convicted for the offences under Sections 363, 366 A and 376 (2) (g) of IPC and sentenced to undergo ten years’ rigorous imprisonment and a fine of Rs. 10,000/- and in default of payment of fine to further undergo five months additional imprisonment (for the offence under
The court must consider the principles of deterrence and correction in sentencing, as well as the gravity of the crime, motive for the crime, and all other attendant circumstances.
The court applied the principles of deterrence and correction in sentencing policy to reduce the appellants' sentence to the period already undergone.
The main legal point established in the judgment is the court's application of sentencing principles, considering the gravity of the crime, motive for the crime, nature of the offence, and other atte....
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 court emphasized the consideration of the gravity of the crime, motive for the crime, and all other attendant circumstances in determining the appropriate sentence.
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 has the discretion to consider the time already spent in custody and may reduce the sentence accordingly.
The court may reduce a sentence based on the time already served and the circumstances of the case, while maintaining the conviction.
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