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FARJAND ALI
Prem Singh – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. A glaring defect of law is noticed in this case. Vide judgment dated 27.02.2012 passed by ACJM Nagaur in Criminal Regular Case No.205/2006 (04/2004), the appellant Shagun Singh and Prem Singh were convicted for committing offence under Section 420 and 120 (B) of IPC and they were directed to serve two years simple imprisonment with fine.
2. Aggrieved by the judgment of conviction and order of sentence dated 27.02.2012, the appellants preferred an appeal before the learned Additional Sessions Judge No.2, Nagaur bearing Criminal Appeal No.15/2012 (244/2015). Assailing the same judgment, an appeal on behalf of the complainant has also been preferred. The case was instituted upon a complainant and as such it was a warrant case instituted upon a complaint
3. To the utter dismay, learned appellate Court while dismissing the appeal has enhanced the sentence from two years to three years while taking into account the fact that the complainant Sukharam has also preferred an appeal for enhancement of the sentence and the appeal of the appellant's got dismissed. It is trite law that while exercising the power under Section 386 of Cr.P.C. the appellate Court cannot enhance the sentence a
The appellate court cannot enhance a sentence based solely on a complainant's appeal, as per the Cr.P.C. provisions.
An accused must be granted an opportunity to show cause against a proposed sentence enhancement as mandated under Section 377(3) Cr.P.C, failing which the enhancement is legally unsustainable.
The court has the discretion to suspend a sentence with appropriate conditions based on the nature of allegations and the petitioner's circumstances.
The appellate court cannot enhance a convict's sentence when the appeal is filed by the convict and no appeal for enhancement has been filed by the state or victim, violating rights under natural jus....
Appeal/Revision against conviction – Right to prefer appeal is not only a statutory right but also a constitutional right – Accused has right to not only challenge a judgment on its merits but also o....
The appellate court can entertain successive bail applications, and must consider suspension of sentence before granting bail.
The court applied the principles of deterrence and correction in sentencing policy to reduce the appellants' sentence to the period already undergone.
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