FARJAND ALI
Bhakhar Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Farjand Ali, J.
By way of filing the instant Criminal Appeal under Section 374 of the CrPC, challenge has been made to the judgment dated 06.01.1994 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases, Jodhpur in Sessions Case No.110/1993, whereby the learned trial court convicted and sentenced the appellants as under :-
| Offence for which convicted | Sentence awarded |
| Section 323 IPC | 6 months' S.I. |
| Section 3 (1)(x) of the SC/ST Act | 6 months' S.I. and a fine of Rs.500/- and in default of payment of fine, 2 months' S.I. |
2. Briefly stated, the facts of the case are that on 28.09.1993, complainant Narsinghram submitted a written report at the Police Station Mathania to the effect that on that day at 08.30 a.m. he received an information that cattle of Baburam Bishnoi were causing damage in his agriculture field. He along-with Goparam, Dhokalram, Kanaram, Jetharam and Nimbaram went to the field and drove the cattle out of the field. Thereafter, while they were returning on Hari Singh's tractor, at 09.15 a.m. Baburam Bishnoi, his sons Chenaram, Bhakarram, Bagaram, Chenaram's wife Murg
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 determined that the mens rea required under the SC/ST Act was not established due to lack of evidence proving caste-based intent in the alleged trespass, resulting in annulment of convictio....
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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