FARJAND ALI
Shambhu Lal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. conviction and sentence under rajasthan excise act. (Para 1 , 2 , 3) |
| 2. petitioners' plea for leniency in sentencing. (Para 4 , 5) |
| 3. court's observations on conviction and sentencing factors. (Para 6 , 7) |
| 4. modification of sentence based on justice. (Para 8) |
| 5. partial allowance of the revision petition. (Para 9) |
ORDER :
Farjand Ali, J.
By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dated 10.05.2005 passed by the learned Additional Sessions Judge, No.1, Chittorgarh in Criminal appeal No.17/2005, whereby the learned appellate court affirmed the judgment dated 10.03.2005 passed by the learned Judicial Magistrate, Chittorgarh in Criminal Regular Case No.777/2003, whereby the petitioners have been convicted for the offence under Section 16 /54 of the RAJASTHAN EXCISE ACT and sentenced to undergo 6 months' simple imprisonment alongwith a fine of Rs.1,000/- and in default of payment of fine, further to undergo simple imprisonment of one month.
2. Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that the Excise Inspector submitted a charge-sheet in the competent court t
The court affirmed the conviction but modified the sentence of petitioners, recognizing their status as first-time offenders with no criminal antecedents and the prolonged trial duration as mitigatin....
The court modified the sentence for possession of illicit liquor to the time already served, emphasizing the right to a speedy trial and considering the petitioner's hardships.
The court has the discretion to consider the time served and the circumstances of the trial in reducing the sentence under the Rajasthan Excise Act.
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