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FARJAND ALI
Devi Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. overview of convictions and offences. (Para 1 , 2 , 3) |
| 2. arguments regarding sentencing considerations. (Para 4 , 5) |
| 3. constitutional rights and reformative justice principles. (Para 6 , 8 , 9) |
| 4. judgment affirmation and sentence modification. (Para 7 , 10) |
| 5. final orders and disposition. (Para 11 , 12 , 13) |
JUDGMENT :
Farjand Ali, J.
The appellants have preferred the instant appeal under Section 374 of the CrPC being aggrieved of the judgment dated 09.03.1995 passed by the learned Special Judge, Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Cases Court, Jodhpur in Sessions Case No.16/1995, whereby they have been convicted and sentenced as under :-
| Offence for which convicted | Sentence, Fine and Default Sentence |
| Section 447 IPC | A fine of Rs.200/- and in default of payment of fine, 1 month's simple imprisonment |
| Section 379 IPC | 6 months' simple imprisonment along with a fine of Rs.200/- and in default of payment of fine, 1 month's simple imprisonment |
| Section 3(1)(4) of the SC/ST Act | 6 months' simple imprisonment along with a fine of Rs.500/- and in default of payment of fine, 2 months' simple impri |
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 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.
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