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FARJAND ALI
Vikas Kumar – 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 judgement dated 05.02.2022 passed by the learned Sessions Judge, Banswara in Criminal appeal No.11/2022, whereby the learned appellate court affirmed the conviction of petitioner for the offence under Section 19 /54 of the RAJASTHAN EXCISE ACT as recorded by the learned Judicial Magistrate, Banswara vide judgement dated 18.01.2022 passed in Criminal Regular Case No.11/2016, however, reduced the sentence for the above offence from 3 years' simple imprisonment to 3 months' simple imprisonment. The fine amount of Rs.20, 000/- and default sentence of 1 month's simple imprisonment was maintained.
2. Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 11.01.2016 at 11.00 a.m., Chandraveer Singh, Head Constable, Police Station Ambapura along with Constable Kamla Shankar, both posted at Outpost Padala, placed a blockade on the road in front of of outpost Padala for checking of vehicles. A Jeep Cruiser bearing registration No. RJ-03-TA-1690 came from Banswara side, which was stopped for routine checking. Upon suspicion, s
The court affirmed the conviction but modified the sentence of petitioners, recognizing their status as first-time offenders with no criminal antecedents and the prolonged trial duration as mitigatin....
The court modified the sentence for possession of illicit liquor to the time already served, emphasizing the right to a speedy trial and considering the petitioner's hardships.
The court established that in cases of lengthy trials, the sentence may be adjusted to the time already served, even while upholding the conviction.
The court has the discretion to consider the time served and the circumstances of the trial in reducing the sentence under the Rajasthan Excise Act.
The court emphasized the importance of considering an offender's history and likelihood of reoffending when determining the appropriate sentence.
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