FARJAND ALI
Bishna Ram Jat – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
FARJAND ALI, J.
1. The appellant has preferred the instant appeal under Section 374(2) of the Cr.P.C. being aggrieved of the judgment dated 20.07.1995 passed by the learned Additional Sessions Judge, Nohar in Sessions Case No. 15/1995, whereby he has been convicted for the offence under Section 354 of the IPC and sentenced to undergo simple imprisonment of 1 year alongwith a fine of Rs. 300/- and in default of payment of fine, further to undergo 1 month's simple imprisonment.
2. Briefly stated, facts relevant and essential for disposal of the case are that on 03.11.1994 at about 07.30 a.m. Mrs. Prema wife of Bishna Ram made an oral complaint at the Police Station Nohar to the effect that on 01.11.1994 in the night at about 10.00 p.m. she was sleeping in the house with her children. Her husband has gone to Elanabad for employment. She woke up hearing the sound of opening the door, upon which she found the accused Bishna Ram in the house who caught her hand, bit on her hand and face and tried to outrage her modesty. Hearing the hue and cry, her brother-in-law Lalchand came. He called the husband of Prema, who could reach on the next day due to unavailability of means of tra
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 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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