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FARJAND ALI
Raju @ Rajendra Nagarchi S/o Shri Devilal Nagarchi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
FARJAND ALI, J.
1. The appellant has preferred this appeal under section 374 (2) of the Cr.P.C. being aggrieved of the judgment dated 01.06.2013 passed by the learned Additional Sessions Judge, Salumbar, District Udaipur in Sessions Case No. 44/2012, whereby he has been convicted and sentenced as under:
| Offence for which convicted | Sentence, fine and default sentence |
| Section 363 of the IPC | Three and half years' rigorous imprisonment alongwith a fine of Rs. 2000/- and in default of payment of fine, further to undergo one month's rigorous imprisonment |
| Section 366 of the IPC | Five and half years' rigorous imprisonment alongwith a fine of Rs. 3000/- and in default of payment of fine, further to undergo two months' rigorous imprisonment |
| Section 120-B of the IPC | Two and half years' rigorous imprisonment alongwith a fine of Rs. 1000/- and in default of payment of fine, further to undergo fifteen days' rigorous imprisonment |
2. Briefly stated, the facts of the case are that on 25.02.2011, FIR No. 74/2011 for the offences under Sectio
The reformation of the appellant during the period of trial and incarceration was a key factor in modifying the quantum of sentences, aligning with the reformative theory of punishment.
The court affirmed the conviction while modifying the sentence based on mitigating factors, emphasizing the need for reformative justice in sentencing after extensive delay in proceedings.
The court considered the appellant's age, criminal antecedents, status in society, financial hardship, and mental agony in modifying the quantum of sentence for the offence under Section 326 of the I....
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.
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