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FARJAND ALI
Vinod Mali – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. conviction for theft and trespassing established. (Para 1 , 2 , 3) |
| 2. petitioner's plea for sentence reduction based on hardship. (Para 4 , 5) |
| 3. court affirms conviction; considers sentence leniency. (Para 6 , 7) |
| 4. sentence modified to time already served. (Para 8) |
| 5. partial allowance of 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 27.06.2023 passed by the learned Additional Sessions Judge No.4, Jodhpur Metropolitan in Criminal appeal No.22/2023, whereby the learned appellate court affirmed the judgment of conviction and order of sentence dated 10.01.2023 passed by learned Additional Chief Metropolitan Magistrate No.3, Jodhpur Metropolitan in Criminal Regular Case No.601/2009; whereby the petitioner has been convicted for the offences under Sections 457 and 380 of the IPC and for each count he has been sentenced to undergo simple imprisonment of 3 years along with a fine of Rs.2,000/- with default sentence of 1 month's simple imprisonment.
2. Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 15
The court affirmed the conviction but modified the sentence to duration already served, considering the long trial, the petitioner's age, and societal status.
The main legal point established in the judgment is the court's discretion to reduce the sentence for the offences based on the time already spent by the petitioner in incarceration and trial, consid....
The court has the discretion to consider the time already spent by the accused-petitioner in incarceration and trial when deciding on the reduction of the sentence for the offences.
The court established that while convictions can be upheld, sentences may be adjusted based on the duration of pre-sentence custody and the circumstances surrounding the trial.
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