FARJAND ALI
Mahaveer – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details under rajasthan excise act. (Para 1 , 2 , 3) |
| 2. arguments for reduction of sentence based on circumstances. (Para 4 , 5) |
| 3. court's observations on the conviction and sentencing. (Para 6 , 7) |
| 4. modification of sentence based on cumulative factors. (Para 8) |
| 5. final order and direction for trial court. (Para 9 , 10) |
ORDER :
Farjand Ali, J.
By way of filing the instant Criminal Revision Petition challenge has been made to the judgement dated 05.07.2023 passed by the learned Additional Sessions Judge No.1, Nohar, District Hanumangarh (Camp Rawatsar) in Criminal appeal No.82/2018, whereby the learned appellate court affirmed the judgement of conviction and order of sentence dated 15.06.2018 passed by learned Judicial Magistrate, Rawatsar, District Hanumangarh in Criminal Regular Case No.309/2011; whereby the petitioner has been convicted for the offences under Sections 19 /54 and 54-A of the RAJASTHAN EXCISE ACT and for each count he has been sentenced to undergo simple imprisonment of 1 year along with a fine of Rs.20, 000/- with default sentence of 1 month's simple imprisonment.
2. Bereft of elaborate details, facts relevant and essential
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.
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