FARJAND ALI
Sohan Lal @ Sonu – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dated 08.09.2022 passed by the learned Additional Sessions Judge No.3, Camp Mandalgarh, District Bhilwara in Criminal appeal No.35/2018 whereby the learned Judge affirmed the judgment of conviction and order of sentence dated 30.06.2017 passed by learned Judicial Magistrate, Bijoliya, District Bhilwara in Criminal Regular Case No. 73/2014; whereby the petitioner has been convicted for the offence under Section 454 of IPC and has been sentenced to suffer rigorous imprisonment of 3 years and a fine of Rs.25,000/- and in default, he has been directed to further undergo six months' of additional rigorous imprisonment.
2. The defect of non-filing of the affidavit is over-ruled in view of the fact that the petitioner is in judicial custody.
3. The revision petition is time barred by 49 days. An application under Section 5 of the LIMITATION ACT has been filed seeking condonation of delay.
4. Heard on the application under Section 5 of the LIMITATION ACT .
5. It is contended that the petitioner is behind the bars and there was no one to pursue his cause and to render lega
Alister Anthony Pareira v. State of Maharashtra [2012] 2 SCC 648
The court emphasized the importance of considering personal circumstances and prior incarceration when determining the appropriateness of a sentence.
The court affirmed the conviction but modified the sentence to duration already served, considering the long trial, the petitioner's age, and societal status.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.