FARJAND ALI
Munshi S/o. Khama – 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 20.04.2008 passed by the learned Additional Sessions Judge (Fast Track), Banswara in Sessions Case No.95/2008, whereby he has been convicted and sentenced in the following manner :-
| Offence for which convicted | Sentence, fine and default sentence |
| Section 459 of the IPC | 3 years' simple imprisonment alongwith a fine of Rs.500/- and in default of payment of fine, further to undergo, simple imprisonment of 15 days |
| Section 323 of the IPC | 6 months’ simple imprisonment |
| Section 325 of the IPC | 1 year's simple imprisonment alongwith a fine of Rs.200/- and in default of payment of fine, further to undergo, simple imprisonment of 10 days |
| Section 427 of the IPC | 6 months’ simple imprisonment |
2. Briefly stated, facts relevant and essential for disposal of the case are that on 12.10.2008 at 11.30 a.m., complainant Khema submitted an oral report at the Police Station Ambapura to the effect that he was engaged in the work
The court established that the severity of sentencing must consider the personal circumstances of the accused and the duration of the legal proceedings, allowing for modifications to ensure justice i....
IN CASES OF DELAY IN LODGING FIR AND ABSENCE OF INJURY ON THE PROSECUTRIX, THE COURT MAY MODIFY THE SENTENCE TO THE PERIOD ALREADY UNDERGONE BY THE ACCUSED.
The court may reduce the sentence due to delay in the case and the appellants' current circumstances.
The main legal point established in the judgment is the affirmation of the conviction under sections 323 and 452 IPC, and the modification of the sentence to the period already undergone by the appel....
The main legal point established in the judgment is the reliance on the evidence presented by the prosecution witnesses and the medical report to establish the guilt of the accused for the offence pu....
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