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FARJAND ALI
Sohan @ Sonu – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dated 09.06.2022 passed by the learned Additional Sessions Judge No.3, Camp Mandalgarh, District Bhilwara in Criminal appeal No.307/2018 whereby the learned Judge affirmed the judgment of conviction and order of sentence dated 02.06.2017 passed by learned Judicial Magistrate, Bijoliya, District Bhilwara in Criminal Regular Case No. 199/2016; whereby the petitioner has been convicted for the offence under Section 380 of IPC and has been sentenced to suffer rigorous imprisonment of 3 years and a fine of Rs.50,000/-and in default, he has been directed to further undergo six months' of additional rigorous imprisonment.
2. The defect of non-filing of the affidavit is over-ruled in view of the fact that the petitioner is in judicial custody.
3. The revision petition is time barred by 74 days. An application under Section 5 of the Limitation Act has been filed seeking condonation of delay.
4. Heard on the application under Section 5 of the Limitation Act.
5. It is contended that the petitioner is behind the bars and there was no one to pursue his cause and to render legal assistance to him,
The court emphasized the importance of considering personal circumstances and prior incarceration when determining the appropriateness of a sentence.
The main legal point established in the judgment is the court's discretion to reduce the sentence for the offences based on the time already spent by the petitioner in incarceration and trial, consid....
Reduction of Sentence - Offence of Theft in dwelling house - No criminal history and revisionist has been acquitted by trial court under Section 411 IPC; revisionist has already served more than two ....
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