FARJAND ALI
Devi Singh – Appellant
Versus
State of Rajasthan – Respondent
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 imprisonment |
| Section 3(1)(x) 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 imprisonment |
All the sentences were ordered to run concurrently.
2. Briefly stated, facts relevant and essential for disposal of the case are that on 28.09.1994
Alister Anthony Pareira v. State of Maharashtra (2012) 2 SCC 648
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.
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.
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