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FARJAND ALI
Munshi Adivasi – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. arguments related to sentencing and appellant's background. (Para 5 , 6) |
| 3. court analysis regarding conviction and sentencing rationale. (Para 7 , 8 , 9 , 10) |
| 4. modification of the sentence based on previous findings. (Para 11) |
| 5. conclusion and disposition of the appeal. (Para 12 , 13) |
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 20.04.2008 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 |
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.
The conviction under Section 324 IPC was affirmed, but the sentence was reduced to the time already served, acknowledging the appellant's age and absence of prior offenses.
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